HomeMy WebLinkAbout2018.01.08 Council Workshop PacketWorkshop Meeting
AGENDA
PASCO CITY COUNCIL
7:00 p.m.
January 8, 2018
Page
1. CALL TO ORDER:
2. ROLL CALL:
(a) Pledge of Allegiance
3. VERBAL REPORTS FROM COUNCILMEMBERS:
4. ITEMS FOR DISCUSSION:
(a) Community & Economic Development Department Presentation
Presented by Rick White, Director, Community & Economic Development
(b) Fire Department Presentation
Presented by Chief Bob Gear, Fire Department
3 - 5 (c) City Council Representation on Boards and Committees
6 - 8 (d) Water Rights and Private Property Development
9 - 29 (e) COPS Hiring Program Award
30 - 48 (f) CDBG Program Section 108 Guaranteed Loan Program (MF# BGAP
2017-007)
49 - 58 (g) Development Agreements
59 - 74 (h) Oregon Ave Corridor, No. 12002 - Supplement No. 7 with CH2M
5. MISCELLANEOUS COUNCIL DISCUSSION:
6. EXECUTIVE SESSION:
7. ADJOURNMENT.
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Workshop Meeting January 8, 2018
REMINDERS:
1. 6:00 p.m., Monday, January 8, Conference Room #1 - Old Fire Pension Board
Meeting. (COUNCILMEMBER SAUL MARTINEZ)
2. 7:00 p.m., Thursday, January 11, Transit Facility - Ben-Franklin Transit Board
Meeting. (COUNCILMEMBER MATT WATKINS) (Subject to change depending
upon Board & Committee assignments)
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.
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AGENDA REPORT
FOR: City Council January 2, 2018
TO: Dave Zabell, City Manager Workshop Meeting: 1/8/18
FROM: Stan Strebel, Deputy City Manager
Executive
SUBJECT: City Council Representation on Boards and Committees
I. REFERENCE(S):
Boards and Committees for City Council Appointments
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
City Council representation is required on a number of municipal and regional boards
and committees. The practice of the City Council has been to make Council
appointments to the various boards and committees on a biennial basis; thus,
appointments generally are for a two-year period. Changes to these appointments, if
necessary, can be made at any time by action of the Mayor and City Council.
V. DISCUSSION:
Following discussion on proposed board and committee assignments at the January 8
workshop meeting, a resolution and final assignment list will be presented for approval
at the January 16 business meeting.
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CITY COUNCIL
BOARD AND COMMITTEE ASSIGNMENTS
CALENDAR YEARS – 2018-2019
Mayoral Appointments to Board and Committee Membership
BOARD/COMMITTEE DAY TIME LOCATION REPRESENTATIVE ALTERNATE
Emergency Medical Services 1st Monday, Bi-Monthly 1:30 pm TRIOS
Parks & Recreation Advisory Council * 1st Thursday 5:30 pm Parks & Rec. Classroom
Old Fire Pension Board 2nd Monday, Quarterly 6:00 pm Conference Room #1 Mayor
BFCG Tri-Mats Policy Advisory Committee 2nd Thursday 7:00 am Varies
Ben-Franklin Transit Board 2nd Thursday 7:00 pm Ben-Franklin Transit
Reserve Officers Board 3rd Monday, as needed 5:30 pm Conference Room #1 Mayor & Mayor Pro-Tem
LEOFF Disability Board 3rd Monday 6:00 pm Conference Room #1 Mayor & Mayor Pro-Tem
Good Roads & Transportation Association * 3rd Wednesday,
Bi-Monthly 5:30 pm Varies
Manhattan Project Historical Park 3rd Thursday 4:00 pm 7130 W. Grandridge
FC Emergency Management Council 3rd Thursday, Quarterly 3:30 pm EMS Office
Benton Franklin Council of Governments 3rd Friday 11:30 am Varies
Hanford Area Economic Investment Fund 4th Monday 4:00 pm Ben-Franklin Transit
TRAC Advisory Board * 4th Tuesday, Quarterly 5:00 pm TRAC Facility
Visit Tri-Cities Board 4th Wednesday 7:30 am 7130 W. Grandridge
TRIDEC Board of Directors 4th Thursday 4:00 pm 7130 W. Grandridge
Hanford Communities Governing Board
(and ECA) 4th Friday, Quarterly 7:30 am Richland Council
Chambers
Tri-Cities Regional PFD Board As called Varies Matt Watkins (10/19); Saul Martinez (10/20);
___________ (10/18)
FC Solid Waste Advisory Committee As called FC Public Works
Greater Columbia Accountable Community
of Health (ACH) Board of Directors * 1, 2 3rd Thursday 12:00pm CBC
Tri-Cities Public Market *1
Franklin County Law & Justice Council * As called Franklin County
Courthouse
Local Housing Trust Fund Oversight
Committee * As called 710 W. Court Street Page 4 of 74
Revised 01/03/18
*Voluntary (does not require elected official as representative)
1 New Board/Committee added to list
2 The state and counties generally are responsible for community health by statute and practice. Cities receive no direct funding nor required to provide these services.
Approved ___________ Page 5 of 74
AGENDA REPORT
FOR: City Council January 4, 2018
TO: Dave Zabell, City Manager Workshop Meeting: 1/8/18
FROM: Rick Terway, Public Works Director
Public Works
SUBJECT: Water Rights and Private Property Development
I. REFERENCE(S):
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
Background
In the early 2000’s the City was involved in acquiring the Quad City water right
with West Richland, Richland and Kennewick. For Pasco, a major impetus
behind this effort was that the City was beginning to experience the rapid
residential and commercial growth on the west side of town that continues to
this day. At the time the Department of Ecology (Ecology) was concerned that
even with the increase in water rights the City could realize from the Quad City
water right, Pasco had limited water rights to meet the rapidly growing demand
for potable and irrigation water. Ecology made this concern a part of the Quad
City water right litigation.
In a nod to Ecology’s concern, the city adopted ordinances to assure that water
rights of developing properties would be transferred to the City at the time of
development. They can be found in the Pasco Municipal Code Title 3, Title 13
and Title 26.
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V. DISCUSSION:
Conditions have changed and the water rights ordinances approved in the
2000’s have become inadequate for the conditions of today, specifically Title
3.07 City Fee Summary. Currently, a property owner developing property utilizing
city water, within or outside the city, is required to assign to the water right associated
with the property to the city if one exists. In cases where no water exists the property
owner is required to pay a water right acquisition fee of $1,725 an acre-foot. An acre-
foot of water currently can go for anywhere from $1,750 per acre-foot to $5,000 per
acre-foot. It is calculated a 10,000 square foot residential lot with potable and
irrigation water services will consume approximately 20.52 ac-feet of water in 20
years. The cost to the city to purchase a water right at $1,725 per acre-foot to serve this
property for 20 years is $36,225. This makes the original acquisition fee of $1,725
inadequate to meet the city’s future needs in purchasing water rights. The current
requirements, while in theory could work, in actuality has in many cases resulted in the
developer paying a relatively modest fee to the city with the burden of acquiring
sufficient water rights to account for growth shifted to the city at the expense of the
water ratepayers.
Staff is suggesting that development requirements be made such that the
developer bring sufficient water rights to the city for the property they wish to
develop or in the alternative remit what fees and charges will be required to
cover current and future cost to obtain the amount of water needed to cover
both potable and irrigation water associated with the development.
Conclusion
The current water right fees in Title 3.07 do not reflect current financial impacts
to the city when purchasing water rights to support residential growth.
Industrial growth is not mentioned in the water rights fees resulting in further
impacts to the city.
Staff suggests the following to begin discussion on the cost of water to the city.
1) A requirement that new development (residential, commercial or industrial)
supply or transfer to the city a water right to the city sufficient to meet the
developments annual water needs (potable and irrigation or potable only) a t
the time of development.
2) In a case where no water rights exist for a property, require a payment to the
city equal to the annual water needs at the current market rate plus the
administrative costs of acquisition.
3) Negotiate and purchase a water right from the Bureau of Reclamation
sufficient to meet the needs of the development. Since this will be an annual
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charge to the city by the Bureau of Reclamation, the city will pass that charge
onto those within the development in the form of a surcharge to their monthly
bill. The surcharge will be calculated based on residential use, commercial use
or industrial use.
4) Negotiate and purchase a water right from Ecology sufficient to meet the
needs of the development. Since this will be an annual charge to the city by
Ecology, the city will pass that charge onto those within the development in the
form of a surcharge to their monthly bill. The surcharge will be calculated
based on residential use, commercial use or industrial use.
Staff requests Council direction/discussion relating to development -related
water rights and long-term action through the Bureau of Reclamation, Ecology
or both.
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AGENDA REPORT
FOR: City Council January 5, 2018
TO: Dave Zabell, City Manager Workshop Meeting: 1/8/18
FROM: Bob Metzger, Police Chief
Police Department
SUBJECT: COPS Hiring Program Award
I. REFERENCE(S):
2016-2017 City Council Goals for Public Safety
COPS Hiring Program Award Letter
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
Federal Grant - $500,000
City Cost Share (General Fund) - $781,192
IV. HISTORY AND FACTS BRIEF:
In July 2017, the Police Department requested funding from the US Department of
Justice (DOJ) Community Oriented Police Services (COPS) for an additional four
officers. The number of officers requested was based on a recommendation from
COPS.
In November 2017, the Department was notified that the grant for three years had been
awarded for the four officers requested. Staff is requesting Council authorize the
Department to accept this grant.
V. DISCUSSION:
Over the past 30 years the City has experienced significant growth. This has made it
difficult for the Police Department to keep up with the staffing needed to address this
increase. Even so, during this time the Department has been able to work with the
community and reduce crime by over 80%.
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The need to maintain the safety and security of the City is a concern that the
Department spent time reviewing. In October 2015, a Strategic Plan was presented to
Council. In part, this plan showed the need to review and increase staffing in the Police
Department. Based on this plan, the City Manager authorized, and Council approved,
additional staffing. These new positions included one additional Street Crimes Unit
Detective, two additional general case Detectives, and two additional Area Resource
Officers.
As the population of the City has continued to increase, the need for additional staffing
became more apparent. Budget constraints made adding these positions difficult
without additional revenue. One source that was looked into was a grant from the
COPS office. These are very competitive grants and not everyone that applies is
successful. It was determined that staff should complete an application and see if
funding was available from this source.
As part of the grant requirements, the Department had to show a need for additional
staffing. One area that was reviewed was the crime rate, yet the rate in Pasco was too
low and, therefore, the City was not eligible on this basis. However, an issue for the
Department is the large number of homeless persons that come into the City and create
police service calls, especially in the downtown area. After reviewing the grant
requirements, it was determined that this would be the focus of the grant application
and the Department was successful in their request.
Due to the large and sustained impact these positions will have on the General Fund,
Staff is reviewing strategies to best maximize the value of this grant to the City. While
such analysis is occurring, unless there is concern from the Council, Staff is intending
to accept this grant award as the first step forward. Accepting the grant does not
obligate the City to utilize the grant or hire the positions, it does however keep the City
eligible to receive the grant. The grant is flexible in that the City may also mod ify the
grant to fewer positions if after further analysis the fiscal obligations of the full grant
prove to more than is affordable.
Future Council Approval will be required to amend the budget to add any new staff
funded through this grant, and will be dependent on the outcome of the staff analysis
currently underway. Under the best of conditions the City will not be in a position to
hire additional staff through this grant for 4-6 months (recruitment and civil service
testing), at which point additional financial information for 2018 will be available.
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November 1, 2017
Chief of Police Robert Metzger
Municipal Manager Dave Zabell
Pasco Police Department
525 North 3rd Avenue
P.O. Box 293
Pasco, WA 99301
ORI WA01102
Re: COPS Hiring Program award number 2017UMWX0103
Dear Chief of Police Metzger and Municipal Manager Zabell:
Congratulations on your agency's award for 4 officer position(s) and $500,000.00 in federal funds over
a three-year award period under the 2017 COPS Hiring Program (CHP). The local cash match
required for this award will be $781,192.00. Your agency may use CHP award funding to (1) hire new
officers, (2) rehire officers who have been laid off, or (3) are scheduled to be laid off on a specific future
date, as a result of local budget reductions, on or after the official award start date. Please note that any
changes to the awarded hiring categories require an official review and approval by the COPS Office.
A list of conditions that apply to your award is included on your Award Document and Award
Document Supplement, if applicable. A limited number of agencies may be subject to an Additional
Award Notification as a result of an ongoing federal civil rights investigation, other award review, or
audit of your agency by the Department of Justice. If applicable to your agency, the Additional Award
Notification is included at the end of this letter and is incorporated by reference as part of this letter. In
addition, a limited number of agencies may be subject to Special Conditions as a result of high risk
designation or other unique circumstances. If applicable to your agency, these Special Conditions will be
found in an Award Document Supplement in your award package. You should read and familiarize
yourself with these conditions. To officially accept your award, the Award Document (including
the conditions and special conditions, if applicable) must be signed electronically via the
Account Access link on the COPS Office website at www.cops.usdoj.gov within 90 days from
the date of this letter.
The official start date of your award is 11/01/2017. Therefore, you can be reimbursed for allowable and
approved expenditures made on or after this date. Please carefully review the Financial Clearance
Memorandum (FCM) included in your award package to determine your approved budget, as some of
your requested items may not have been approved by the COPS Office during the budget review
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process and award funds may only be used for approved items. The FCM will specify the final award
amount and will also identify any disallowed costs.
Supplemental online award information for 2017 COPS CHP recipients can be found on the CHP
Program page at https://www.cops.usdoj.gov/default.asp?Item=2367. We strongly encourage you to
visit this site immediately to access a variety of important and helpful documents that will assist you with
the implementation of your award including the 2017 CHP Award Owner’s Manual, which specifies the
programmatic and financial terms, conditions, and requirements of your award. In addition, the above
website link includes the forms and instructions necessary to begin drawing down funds for your award.
Please also ensure that you print out a copy of your application and maintain it with your award file
records.
The FBI is retiring the current Summary Reporting System (SRS) and will transition to an all-National
Incident-Based Reporting System (NIBRS) data collection system within the next 5 years. The
transition to NIBRS will provide a more complete and accurate picture of crime at the national, state,
and local level. Beginning in 2021, the FBI will no longer collect summary crime data and will only
accept data in the NIBRS format. Consequently, COPS Office awards will be based on submitted
NIBRS data. Transitioning all law enforcement agencies to NIBRS is the first step in gathering more
comprehensive crime data. The COPS Office encourages its award recipients to submit NIBRS data to
the FBI Criminal Justice Information Services Division in a timely manner, thereby ensuring sufficient and
complete crime and arrest data is available for consideration.
Once again, congratulations on your 2017 CHP award. If you have any questions about your award,
please do not hesitate to call your Grant Program Specialist through the COPS Office Response Center
at 800-421-6770.
Russell Washington, Date: 11/13/2017
Acting Director
Additional Award Notification
ORI WA01102 - Award 2017UMWX0103 - Award Letter 2017 - CHP - Page 2 of 2
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Award Document
COPS Hiring Program (CHP)
CFDA - 16.710 - Public Safety Partnership and Community Policing Grants
Treasury Account Symbol (TAS) 15X0406
Award Number: 2017UMWX0103
ORI Number: WA01102 OJP Vendor Number: 916001264 DUNS Number: 009974598
Applicant Organization's Legal Name: Pasco Police Department
Law Enforcement Executive / Agency Executive: Chief of Police Robert Metzger
Government Executive / Financial Official: Municipal Manager Dave Zabell
Award Start Date: 11/01/2017 Award End Date: 10/31/2020 Award Amount: $500,000.00
Full-Time Officers Funded: 4
New Hires: 4 Rehires - Previously Laid Off: 0 Rehires - Scheduled for Lay-Off: 0
The FY 2017 COPS Hiring Program (CHP) award provides funding to law enforcement agencies to hire and/or rehire career law
enforcement officers in an effort to increase their community policing capacity and crime prevention efforts. CHP awards provide up
to 75 percent of the approved entry-level salaries and fringe benefits of full-time officers for a 36-month award period, with a
minimum 25 percent local cash match requirement and a maximum federal share of $125,000 per officer position.
The Financial Clearance Memorandum (FCM), included in your award package, is incorporated by reference into this Award Document
and shall become part of this Award Document. By signing this Award Document, the recipient agrees to abide by all FY 2017 COPS
Hiring Program Award Terms and Conditions, the approved budget in the FCM and, if applicable, the Special Award Conditions and/or
High Risk Conditions in the Award Document Supplement.
Russell Washington Date: 11/13/2017
Acting Director
(Signature Pending)(Date Pending)
Signature of the Program Official with the Authority to
Accept this Grant Award
Date
(Signature Pending)(Date Pending)
Signature of the Financial Official with the Authority to
Accept this Grant Award
Date
False statements or claims made in connection with COPS Office awards may result in fines, imprisonment, debarment from
participating in federal awards or contracts, and/or any remedy available by law to the Federal Government.
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U.S. Department of Justice
Office of Community Oriented Policing Services
2017 COPS Hiring Program
Award Terms and Conditions
By signing the Award Document to accept this COPS Hiring Program (CHP) award, your agency agrees to abide by
the following award terms and conditions:
1. Award Owner’s Manual. The recipient agrees to comply with the terms and conditions in the applicable COPS
Office Program Award Owner's Manual; COPS Office statute (42 U.S.C. §3796dd, et seq.); the requirements of 2
C.F.R. Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards) as adopted by the U.S. Department of Justice in 2 C.F.R. § 2800.101; 48 C.F.R. Part 31 (FAR Part 31) as
applicable (Contract Cost Principles and Procedures); the Cooperative Agreement as applicable; representations
made in the application; and all other applicable program requirements, laws, orders, regulations, or circulars.
2. Assurances and Certifications. The recipient acknowledges its agreement to comply with the Assurances and
Certifications forms that were signed as part of its application.
3. Allowable Costs. The funding under this project is for the payment of approved full‐time entry‐level salaries and
fringe benefits over three years (for a total of 36 months of funding) up to a maximum federal share of $125,000
per officer position for career law enforcement officer positions hired and/or rehired on or after the official
award start date. Any salary and fringe benefit costs higher than entry‐level that your agency pays a CHP‐funded
officer must be paid with local funds.
Your agency is required to use CHP award funds for the specific hiring categories awarded. Funding under this
program may be used for the following categories:
• Hiring new officers, which includes filling existing officer vacancies that are no longer funded in your
agency’s budget;
• Rehiring officers laid off by any jurisdiction as a result of state, local, or Bureau of Indian Affairs (BIA)
budget reductions; and/or
• Rehiring officers who were, at the time of award application, scheduled to be laid off (by your jurisdiction)
on a specific future date as a result of state, local, or BIA budget reductions
If your agency’s local fiscal conditions have changed and your agency needs to change one or more of the funded
hiring categories, your agency should request an award modification and receive prior approval before spending
CHP funding under the new category.
The Financial Clearance Memorandum (FCM), included in your award package, specifies the amount of CHP funds
awarded to your agency. You should carefully review your FCM, which contains the final officer salary and fringe
benefit categories and amounts for which your agency was approved. Please note that the salary and fringe
benefit costs requested in your CHP application may have been adjusted or removed. Your agency may only be
reimbursed for the approved cost categories that are documented within the FCM, up to the amounts specified in
the FCM. Your agency may not use CHP funds for any costs that are not identified as allowable in the Financial
Clearance Memorandum.
Only actual allowable costs incurred during the award period will be eligible for reimbursement and drawdown.
If your agency experiences any cost savings over the course of the award (for example, your award application
overestimated the total entry‐level officer salary and fringe benefits package), your agency may not use that
excess funding to extend the length of the award beyond 36 months. Any funds remaining after your agency has
ORI WA01102 - Award 2017UMWX0103 - Award Terms and Conditions 2017 - CHP - Page 1 of 12
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drawn down for the costs of approved salaries and fringe benefits incurred for each awarded position during the
36‐month funding period will be deobligated during the closeout process and should not be spent by your agency.
4. Supplementing, Not Supplanting. State , local, and tribal government recipients must use CHP funds to
supplement, and not supplant, state, local, or Bureau of Indian Affairs (BIA) funds that are already committed or
otherwise would have been committed for award purposes (officer hiring) during the award period. In other
words, recipients may not use COPS Office funds to supplant (replace) state, local, or BIA funds that would have
been dedicated to the COPS Office‐funded item(s) in the absence of the COPS Office award (42 U.S.C. § 3796dd‐
3(a)).
5. Extensions. Your agency may request an extension of the award period to receive additional time to implement
your award program. Such extensions do not provide additional funding. Awards may be extended a maximum of
36 months beyond the initial award expiration date. Any request for an extension beyond 36 months will be
evaluated on a case‐by‐case basis. Only those recipients that can provide a reasonable justification for delays
will be granted no‐cost extensions. Reasonable justifications may include difficulties in filling COPS Office‐
funded positions, officer turnover, or other circumstances that interrupt the 36 month award funding period. An
extension allows your agency to compensate for such delays by providing additional time to complete the full 36
months of funding for each position awarded. Extension requests must be received prior to the end date of the
award.
6. Modifications. During the CHP award period, it may become necessary for an agency to modify its CHP award
due to changes in an agency’s fiscal or law enforcement situation. Modification requests should be submitted to
the COPS Office when an agency determines that it will need to shift officer positions awarded in one hiring
category into a different hiring category, reduce the total number of positions awarded, shift funds among benefit
categories, and/or reduce the entry‐level salary and fringe benefit amounts. For example, an agency may have
been awarded CHP funding for 10 new, additional full‐time sworn officer positions, but due to severe fiscal
distress/constraints, the agency determines it is unable to sustain all 10 positions and must reduce its request to
five full‐time positions; or an agency may have been awarded CHP funding for two new, additional sworn officer
positions, but due to fiscal distress/constraints the agency needs to change the hiring category from the new hire
category to the rehire category for officers laid off or scheduled for layoff on a specific future date post‐
application. Award modifications under CHP are evaluated on a case‐by‐case basis. The COPS Office will only
consider a modification request after an agency makes final, approved budget and/or personnel decisions. An
agency may implement the modified award following written approval from the COPS Office. Please be aware that
the COPS Office will not approve any modification request that results in an increase of federal funds.
7. Evaluations. The COPS Office may conduct monitoring or sponsor national evaluations of its award programs.
The recipient agrees to cooperate with the monitors and evaluators.
8. Reports/Performance Goals. To assist the COPS Office in monitoring and tracking the performance of your
award, your agency will be responsible for submitting quarterly programmatic progress reports that describe
project activities during the reporting period and quarterly Federal Financial Reports using Standard Form 425
(SF‐425). The progress report is used to track your agency’s progress toward implementing community policing
strategies and to collect data to gauge the effectiveness of increasing your agency’s community policing capacity
through COPS Office funding.
9. Award Monitoring Activities. Federal law requires that law enforcement agencies receiving federal funding from
the COPS Office must be monitored to ensure compliance with their award conditions and other applicable
statutory regulations. The COPS Office is also interested in tracking the progress of our programs and the
advancement of community policing. Both aspects of award implementation—compliance and programmatic
benefits—are part of the monitoring process coordinated by the U.S. Department of Justice. Award monitoring
activities conducted by the COPS Office include site visits, office‐based grant reviews, alleged noncompliance
reviews, financial and programmatic reporting, and audit resolution. As a COPS Office award recipient, you agree
ORI WA01102 - Award 2017UMWX0103 - Award Terms and Conditions 2017 - CHP - Page 2 of 12
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to cooperate with and respond to any requests for information pertaining to your award.
10. Federal Civil Rights. As a condition of receipt of federal financial assistance, you acknowledge and agree that
you will not (and will require any subrecipient, contractors, successors, transferees, and assignees not to), on the
grounds of race, color, religion, national origin, sex, or disability unlawfully exclude any person from
participation in, deny the benefits of, or employment to any person, or subject any person to discrimination in
connection with any programs or activities funded in whole or in part with federal funds. You will also not
discriminate in the delivery of benefits or services based on age. These civil rights requirements are found in the
non‐discrimination provisions of Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000d); the
Omnibus Crime Control and Safe Streets Act of 1968, as amended (42 U.S.C. § 3789d); Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. § 794); the Age Discrimination Act of 1975, as amended (42
U.S.C. § 6101); Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § 1681); and the
corresponding U.S. Department of Justice regulations implementing those statutes at 28 C.F.R. Part 42 (subparts C,
D, E, G, and I). You also agree to comply with Executive Order 13279, as amended by Executive Order 13559, and
the implementing regulations at 28 C.F.R Part 38, Partnerships With Faith‐Based and Other Neighborhood
Organizations, which requires equal treatment of religious organizations in the funding process and prohibits
religious discrimination against beneficiaries.
11. Equal Employment Opportunity Plan (EEOP). All recipients of funding from the COPS Office must comply with
the federal regulations pertaining to the development and implementation of an Equal Employment Opportunity
Plan (28 C.F.R. Part 42 subpart E).
12. False Statements. False statements or claims made in connection with COPS Office awards may result in
fines, imprisonment, debarment from participating in federal awards or contracts, and/or any other remedy
available by law.
13. Duplicative Funding. The recipient understands and agrees to notify the COPS Office if it receives, from any
other source, funding for the same item or service also funded under this award.
14. Additional High‐Risk Recipient Requirements. The recipient agrees to comply with any additional requirements
that may be imposed during the award performance period if the awarding agency determines that the recipient is
a high‐risk recipient (2 C.F.R. § 200.207).
15. System for Award Management (SAM) and Universal Identifier Requirements. The Office of Management and
Budget requires federal agencies to include the following standard award term in all awards and cooperative
agreements made on or after October 1, 2010:
I. System for Award Management and Universal Identifier Requirements
A. Requirement for System for Award Management
Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain
the currency of your information in the SAM until you submit the final financial report required under
this award or receive the final payment, whichever is later. This requires that you review and update the
information at least annually after the initial registration, and more frequently if required by changes
in your information or another award term.
B. Requirement for unique entity identifier
If you are authorized to make subawards under this award, you:
1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award
ORI WA01102 - Award 2017UMWX0103 - Award Terms and Conditions 2017 - CHP - Page 3 of 12
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term) may receive a subaward from you unless the entity has provided its unique entity identifier
to you.
2. May not make a subaward to an entity unless the entity has provided its unique entity identifier
to you.
C. Definitions
For purposes of this award term:
1. System for Award Management (SAM) means the Federal repository into which an entity must
provide information required for the conduct of business as a recipient. Additional information
about registration procedures may be found at the SAM Internet site (currently at
http://www.sam.gov).
2. Unique entity identifier means the identifier required for SAM registration to uniquely identify
business entities.
3. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR part 25,
subpart C:
a. A Governmental organization, which is a State, local government, or Indian Tribe;
b. A foreign public entity;
c. A domestic or foreign nonprofit organization;
d. A domestic or foreign for‐profit organization; and
e. A Federal agency, but only as a subrecipient under an award or subaward to a non‐Federal
entity.
4. Subaward:
a. This term means a legal instrument to provide support for the performance of any portion
of the substantive project or program for which you received this award and that you as the
recipient award to an eligible subrecipient.
b. The term does not include your procurement of property and services needed to carry out
the project or program (for further explanation, see 2 CFR 200.330).
c. A subaward may be provided through any legal agreement, including an agreement that you
consider a contract.
5. Subrecipient means an entity that:
a. Receives a subaward from you under this award; and
b. Is accountable to you for the use of the Federal funds provided by the subaward.
16. Reporting Subawards and Executive Compensation. The Office of Management and Budget requires federal
agencies to include the following standard award term in all awards and cooperative agreements made on or
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after October 1, 2010:
I. Reporting Subawards and Executive Compensation.
a. Reporting of first‐tier subawards.
1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must
report each action that obligates $25,000 or more in Federal funds that does not include Recovery
funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009,
Pub. L. 111‐5) for a subaward to an entity (see definitions in paragraph e. of this award term).
2. Where and when to report.
i. You must report each obligating action described in paragraph a.1. of this award term to
http://www.fsrs.gov.
ii. For subaward information, report no later than the end of the month following the month in
which the obligation was made. (For example, if the obligation was made on November 7,
2010, the obligation must be reported by no later than December 31, 2010.)
3. What to report. You must report the information about each obligating action that the
submission instructions posted at http://www.fsrs.gov specify.
b. Reporting Total Compensation of Recipient Executives.
1. Applicability and what to report. You must report total compensation for each of your five most
highly compensated executives for the preceding completed fiscal year, if —
i. the total Federal funding authorized to date under this award is $25,000 or more;
ii. in the preceding fiscal year, you received —
(A) 80 percent or more of your annual gross revenues from Federal procurement
contracts (and subcontracts) and Federal financial assistance subject to the
Transparency Act, as defined at 2 CFR 170.320 (and subawards); and
(B) $25,000,000 or more in annual gross revenues from Federal procurement contracts
(and subcontracts) and Federal financial assistance subject to the Transparency Act, as
defined at 2 CFR 170.320 (and subawards); and
iii. The public does not have access to information about the compensation of the executives
through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To
determine if the public has access to the compensation information, see the U.S. Security and
Exchange Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm.)
2. Where and when to report. You must report executive total compensation described in paragraph
b.1. of this award term:
i. As part of your registration profile at https://www.sam.gov.
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ii. By the end of the month following the month in which this award is made, and annually
thereafter.
c. Reporting of Total Compensation of Subrecipient Executives.
1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award
term, for each first‐tier subrecipient under this award, you shall report the names and total
compensation of each of the subrecipient's five most highly compensated executives for the
subrecipient's preceding completed fiscal year, if —
i. in the subrecipient's preceding fiscal year, the subrecipient received —
(A) 80 percent or more of its annual gross revenues from Federal procurement contracts
(and subcontracts) and Federal financial assistance subject to the Transparency Act, as
defined at 2 CFR 170.320 (and subawards); and
(B) $25,000,000 or more in annual gross revenues from Federal procurement contracts
(and subcontracts), and Federal financial assistance subject to the Transparency Act
(and subawards); and
ii. The public does not have access to information about the compensation of the executives
through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To
determine if the public has access to the compensation information, see the U.S. Security and
Exchange Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm.)
2. Where and when to report. You must report subrecipient executive total compensation described
in paragraph c.1. of this award term:
i. To the recipient.
ii. By the end of the month following the month during which you make the subaward. For
example, if a subaward is obligated on any date during the month of October of a given year
(i.e., between October 1 and 31), you must report any required compensation information of
the subrecipient by November 30 of that year.
d. Exemptions.
If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt
from the requirements to report:
i. Subawards,
and
ii. The total compensation of the five most highly compensated executives of any subrecipient.
e. Definitions. For purposes of this award term:
1. Entity means all of the following, as defined in 2 CFR part 25:
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i. A Governmental organization, which is a State, local government, or Indian tribe;
ii. A foreign public entity;
iii. A domestic or foreign nonprofit organization;
iv. A domestic or foreign for‐profit organization;
v. A Federal agency, but only as a subrecipient under an award or subaward to a non‐Federal
entity.
2. Executive means officers, managing partners, or any other employees in management positions.
3. Subaward:
i. This term means a legal instrument to provide support for the performance of any portion of
the substantive project or program for which you received this award and that you as the
recipient award to an eligible subrecipient.
ii. The term does not include your procurement of property and services needed to carry out
the project or program (for further explanation, see Sec. __ .210 of the attachment to OMB
Circular A‐133, "Audits of States, Local Governments, and Non‐Profit Organizations").
iii. A subaward may be provided through any legal agreement, including an agreement that
you or a subrecipient considers a contract.
4. Subrecipient means an entity that:
i. Receives a subaward from you (the recipient) under this award; and
ii. Is accountable to you for the use of the Federal funds provided by the subaward.
5. Total compensation means the cash and noncash dollar value earned by the executive during the
recipient's or subrecipient's preceding fiscal year and includes the following (for more information
see 17 CFR 229.402(c)(2)):
i. Salary and bonus.
ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS
123R), Shared Based Payments.
iii. Earnings for services under non‐equity incentive plans. This does not include group life,
health, hospitalization or medical reimbursement plans that do not discriminate in favor of
executives, and are available generally to all salaried employees.
iv. Change in pension value. This is the change in present value of defined benefit and
actuarial pension plans.
v. Above‐market earnings on deferred compensation which is not tax‐qualified.
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vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance,
termination payments, value of life insurance paid on behalf of the employee, perquisites or
property) for the executive exceeds $10,000.
17. Debarment and Suspension. The recipient agrees not to award federal funds under this program to any party
which is debarred or suspended from participation in Federal assistance programs.
18. Employment Eligibility. The recipient agrees to complete and keep on file, as appropriate, a Bureau of
Citizenship and Immigration Services Employment Eligibility Verification Form (I‐9). This form is to be used by
recipients of federal funds to verify that persons are eligible to work in the United States.
19. Whistleblower Protection. The recipient agrees not to discharge, demote, or otherwise discriminate against
an employee as reprisal for the employee disclosing information that he or she reasonably believes is evidence of
gross mismanagement of a federal contract or award, a gross waste of federal funds, an abuse of authority
relating to a federal contract or award, a substantial and specific danger to public health or safety, or a violation
of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract)
or award. The recipient also agrees to provide to their employees in writing (in the predominant native language
of the workforce) of the rights and remedies provided in 41 U.S.C. § 4712. Please see appendices in the Award
Owner’s Manual for a full text of the statute.
20. Mandatory Disclosure. Recipients and subrecipients must timely disclose in writing to the COPS Office or
pass‐through entity, as applicable, all federal criminal law violations involving fraud, bribery, or gratuity that
may potentially affect the awarded federal funding. Failure to make required disclosures can result in any of the
remedies, including suspension and debarment, described in 2 C.F.R. § 200.338.
21. Conflict of Interest. Recipients and subrecipients must disclose in writing to the COPS Office or pass‐through
entity, as applicable, any potential conflict of interest affecting the awarded federal funding in accordance with 2
C.F.R. § 200.112.
22. Contract Provision. All contracts made by the award recipients under the federal award must contain the
provisions required under 2 C.F.R. Part 200, (Appendix II to Part 200 — Contract Provisions for Non‐Federal Entity
Contracts Under Federal Awards). Please see appendices in the Award Owner’s Manual for a full text of the
contract provisions.
23. Restrictions on Internal Confidentiality Agreements. No recipient or subrecipient under this award, or entity
that receives a contract or subcontract with any funds under this award, may require any employee or contractor
to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts the lawful
reporting of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department
or agency authorized to receive such information.
24. Recipient Integrity and Performance Matters. The Office of Management and Budget requires federal awarding
agencies to include the following standard award term in all awards over $500,000 made on or after January 1,
2016:
A. Reporting of Matters Related to Recipient Integrity and Performance
1. General Reporting Requirement
If the total value of your currently active awards, cooperative agreements, and procurement
contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during
the period of performance of this Federal award, then you as the recipient during that period of
time must maintain the currency of information reported to the System for Award Management
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(SAM) that is made available in the designated integrity and performance system (currently the
Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or
administrative proceedings described in paragraph 2. of this award term and condition. This is a
statutory requirement under section 872 of Public Law 110‐417, as amended (41 U.S.C. 2313). As
required by section 3010 of Public Law 111‐212, all information posted in the designated integrity
and performance system on or after April 15, 2011, except past performance reviews required for
Federal procurement contracts, will be publicly available.
2. Proceedings About Which You Must Report
Submit the information required about each proceeding that:
a. Is in connection with the award or performance of an award, cooperative agreement, or
procurement contract from the Federal Government;
b. Reached its final disposition during the most recent five year period; and
c. Is one of the following:
(1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5. of this
award term and condition;
(2) A civil proceeding that resulted in a finding of fault and liability and payment of a
monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more;
(3) An administrative proceeding, as defined in paragraph 5. of this award term and
condition, that resulted in a finding of fault and liability and your payment of either a
monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in
excess of $100,000; or
(4) Any other criminal, civil, or administrative proceeding if:
i. It could have led to an outcome described in paragraph 2.c.(1), (2), or (3) of this award
term and condition;
ii. It had a different disposition arrived at by consent or compromise with an
acknowledgment of fault on your part; and
iii. The requirement in this award term and condition to disclose information about the
proceeding does not conflict with applicable laws and regulations.
3. Reporting Procedures
Enter in the SAM Entity Management area the information that SAM requires about each proceeding
described in paragraph 2. of this award term and condition. You do not need to submit the
information a second time under assistance awards that you received if you already provided the
information through SAM because you were required to do so under Federal procurement contracts
that you were awarded.
4. Reporting Frequency
During any period of time when you are subject to the requirement in paragraph 1. of this award
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term and condition, you must report proceedings information through SAM for the most recent five
year period, either to report new information about any proceeding(s) that you have not reported
previously or affirm that there is no new information to report. Recipients that have Federal
contract, award, and cooperative agreement awards with a cumulative total value greater than
$10,000,000 must disclose semiannually any information about the criminal, civil, and
administrative proceedings.
5. Definitions
For purposes of this award term and condition:
a. Administrative proceeding means a non‐judicial process that is adjudicatory in nature in order
to make a determination of fault or liability (e.g., Securities and Exchange Commission
Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services
Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level
but only in connection with performance of a Federal contract or award. It does not include audits,
site visits, corrective plans, or inspection of deliverables.
b. Conviction, for purposes of this award term and condition, means a judgment or conviction of a
criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea,
and includes a conviction entered upon a plea of nolo contendere.
c. Total value of currently active awards, cooperative agreements, and procurement contracts
includes —
(1) Only the Federal share of the funding under any Federal award with a recipient cost share
or match; and
(2) The value of all expected funding increments under a Federal award and options, even if
not yet exercised.
25. Compliance with 8 U.S.C. 1373. Authority to obligate or expend contingent on compliance with 8 U.S.C. 1373.
NOTE: This grant condition applies only to State or local government entities or to non‐State or local government
entities that make subawards with these funds to a State or local government entity.
State or local government entity recipients of this award, and any subrecipient of this award at any tier that is an
entity of a State or of a unit of local government, may not obligate or expend award funds if – at the time of the
obligation or expenditure – the "program or activity" of the recipient funded in whole or in part with the award
funds (which includes any such program or activity of any subrecipient at any tier) is subject to any prohibitions
or restrictions on sending to, requesting or receiving from, maintaining, or exchanging information on citizenship
or immigration status as described in 8 U.S.C. 1373(a) or (b), including any prohibitions or restrictions imposed
or established by a State or local government entity or official.
A subrecipient of this award (at any tier) that is an entity of a State or of a unit of local government may not
obligate or expend award funds if – at the time of the obligation or expenditure – the "program or activity" of the
subrecipient (which includes any such program or activity of any subrecipient at any further tier) funded (in
whole or in part) with award funds is subject to any prohibitions or restrictions on sending to, requesting or
receiving from, maintaining, or exchanging information on citizenship or immigration status as described in 8
U.S.C. 1373(a) or (b), including any prohibitions or restrictions imposed by a State or local government entity or
official.
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Any obligations or expenditures of a recipient or subrecipient that are impermissible under this condition shall
be unallowable costs for purposes of this award.
Rules of Construction/For purposes of this condition, "program or activity" means what it means under section
606 of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d‐4a). Pursuant to 8 U.S.C. 1551 note, references to the
Immigration and Naturalization Service in 8 U.S.C. 1373 are to be read, as a legal matter, as references to
particular components of the U.S. Department of Homeland Security.
Should any provision of a condition of this award be held to be invalid or unenforceable by its terms, then that
provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law
(to any person or circumstance) under this award. Should it be held, instead, that a condition (or a provision
thereof) is of utter invalidity or unenforceability, such condition (or such provision) shall be deemed severable
from this award.
Any questions about the meaning or scope of this condition should be directed, prior to acceptance of this award,
to the Office of Community Oriented Policing Services Legal Division at 202‐514‐3750.
26. Contracts and/or MOUs with other Jurisdictions. Sworn law enforcement officer positions awarded must be
used for law enforcement activities or services that benefit your agency and the population that it serves. The
items funded under the CHP award cannot be utilized by other agencies unless the items benefit the population
that your agency serves. Your agency may use items funded under the CHP award to assist other law enforcement
agencies under a resource sharing, mutual aid, or other agreement to address multi‐jurisdictional issues as
described in the agreement.
27. Retention. At the time of award application, your agency committed to retaining all sworn officer positions
awarded under the CHP award with state and/or local funds for a minimum of 12 months following the
conclusion of 36 months of federal funding for each position, over and above the number of locally‐funded sworn
officer positions that would have existed in the absence of the award. Your agency cannot satisfy the retention
requirement by using CHP‐funded positions to fill locally‐funded vacancies resulting from attrition.
28. Community Policing. Community policing activities to be initiated or enhanced by your agency and the officers
funded by this award program were identified and described in your CHP award application. In sections VI(A) and
(B), your agency developed a community policing plan for the CHP award with specific reference to a crime or
disorder problem and the following elements of community policing: (a) problem solving—your agency’s plan to
assess and respond to the problem identified; (b) community partnerships and support, including related
governmental and community initiatives that complement your agency’s proposed use of CHP funding; and (c)
organizational transformation—how your agency will use the funds to reorient its mission to community policing
or enhance its involvement in and commitment to community policing. Throughout the CHP award period, your
agency is required to implement the community policing plan it set forth in the CHP award application.
The COPS Office defines community policing as a philosophy that promotes organizational strategies that
support the systematic use of partnerships and problem‐solving techniques to proactively address the immediate
conditions that give rise to public safety issues such as crime, social disorder, and fear of crime. CHP awards
through the specific officers funded (or an equal number of redeployed veteran officers) must be used to initiate
or enhance community policing activities. All newly hired additional or rehired officers (or an equal number of
redeployed veteran officers) funded under CHP must implement your agency’s approved community policing plan,
which you described in your award application.
29. Local Match. Recipients are required to contribute a local match of at least 25 percent toward the total cost of
the approved award project, unless waived in writing by the COPS Office. The local match must be a cash match
from funds not previously budgeted for law enforcement purposes and must be paid during the award period. The
local match contribution must be made on an increasing basis during each year of the three‐year award period,
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with the federal share decreasing accordingly.
30. School Resource Officer (SRO) Training Requirement. COPS Office‐funded SRO(s) are required to complete a
National Association of School Resource Officers (NASRO) basic training course no later than nine months after
the date shown on the award congratulatory letter. If a COPS Office‐funded SRO leaves the recipient agency after
completing the NASRO training, the recipient agrees to pay for the new SRO, who is assigned to backfill this
position, to attend a NASRO basic training course. The new SRO must complete the training no later than nine
months after being placed in the school.
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Financial Clearance Memorandum
COPS Hiring Program (CHP)
Chief of Police Robert Metzger
Municipal Manager Dave Zabell
Pasco Police Department
525 North 3rd Avenue
P.O. Box 293
Pasco, WA 99301
ORI WA01102
Re: COPS Hiring Program award number 2017UMWX0103
Dear Chief of Police Metzger and Municipal Manager Zabell:
A financial analysis of budgeted costs has been completed. Costs under this award appear reasonable,
allowable, and consistent with existing guidelines. Exceptions / Adjustments are noted below.
Total officer positions awarded: 4
Approved costs per entry-level officer, per year
Year 1 Year 2 Year 3
Base salary $69,701.00 $75,026.00 $78,898.00
Benefits $31,787.73 $32,124.49 $32,760.70
Social Security $4,321.46 $4,651.61 $4,891.68
Medicare $1,010.66 $1,087.88 $1,144.02
Health insurance $16,874.61 $16,329.00 $16,329.00
Life insurance $50.00 $50.00 $50.00
Vacation $0.00 $0.00 $0.00
Sick leave $0.00 $0.00 $0.00
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Retirement $6,224.00 $6,699.00 $7,039.00
Worker's compensation $3,233.00 $3,233.00 $3,233.00
Unemployment insurance $0.00 $0.00 $0.00
Other costs: Vision Insurance $74.00 $74.00 $74.00
Approved total project costs
Per officer Grand total
Salaries and fringe benefits $320,297.92 $1,281,192.00
Federal share $125,000.00 $500,000.00
Applicant share $195,298.00 $781,192.00
Local match waiver not granted.
Notes:
N/A
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Award Document Supplement
COPS Hiring Program (CHP)
By signing the Award Document to accept this COPS Hiring Program (CHP) award, the recipient
agrees to abide by the following Special Award Conditions and/or High Risk Conditions:
Special Award Conditions
Advancing Department of Justice Priority Crime Problem Awards
Your agency has been selected for a COPS Hiring Program (CHP) award to address a particular
Department of Justice priority crime problem/focus area, based specifically on your CHP award
application’s community policing plan to improve your agency’s public safety response to the critical
issues of Illegal Immigration, Violent Crime, or Homeland Security.
Please be advised that, in accepting this award, your agency is agreeing to this Special Condition to its
CHP award that requires your agency’s COPS-funded officers (or an equivalent number of locally-
funded officers) to initiate or enhance your agency’s community policing plan to address one of the
priority crime problems identified above. By signing the 2017 CHP award, your agency understands
and agrees to the following:
Your agency will implement the one specific community policing plan identified in your CHP
award application;
Your agency will address its specific priority crime problem throughout the entire CHP award
period;
Your agency will implement any organizational changes identified in its CHP award application in
Section 6B, Questions 12 and 13;
Your agency will cooperate with any award monitoring by the COPS Office to ensure that it is
initiating or enhancing its community policing efforts to address its priority crime problem, which
may include your agency having to respond to additional or modified reporting requirements.
Memorandum of Understanding Requirement
(School-based Policing through School Resource Officers Focus Area Only)
By signing the 2017 CHP award, recipients using CHP funding to hire and/or deploy School Resource
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Officers into schools understand and agree to the following:
Your agency must submit a signed Memorandum of Understanding (MOU) between the law
enforcement agency and the school partner(s) to the COPS Office before obligating or drawing
down funds under this award. The MOU must be submitted to the COPS Office within 90 days
of the date shown on the award congratulatory letter.
Your agency’s MOU must contain the following information;
The purpose of the MOU
Clearly defined roles and responsibilities of the school district and the law enforcement
agency, focusing officers’ roles on safety
Information sharing
Supervision responsibility and chain of command for the SRO
Signatures
Note: Please refer to the MOU Fact Sheet for a detailed explanation of the requirements under each of
the bullets
Your agency’s implementation of the CHP award without submission and acceptance of the
required MOU may result in expenditures not being reimbursed by the COPS Office and/or
award de-obligation.
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AGENDA REPORT
FOR: City Council January 3, 2018
TO: Dave Zabell, City Manager Workshop Meeting: 1/8/18
FROM: Rick White, Director
Community & Economic Development
SUBJECT: CDBG Program Section 108 Guaranteed Loan Program (MF# BGAP 2017-
007)
I. REFERENCE(S):
Resolution 3787
Staff Memo to Planning Commission 12/14/17
Section 108 Draft Application
Planning Commission Minutes 12/21/17
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
DISCUSSION
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
The Department of Housing and Urban Development (HUD) has established the
Section 108 Loan Guarantee Program ("Program") in order to provide below market
rate loans for qualified projects that serve the needs of low and moderate income
persons. This program is critical towards funding important pieces of Downtown
Revitalization. As an Entitlement Grantee receiving funds through the HUD
Community Development Block Grant Program (CDBG), the City of Pasco meets the
criteria to participate in the Program.
Pasco may borrow up to five times our annual CDBG grant, enabling us to maximize
the impact of available public funds. Section 108 is a loan guarantee program, not a
grant. It offers lower rates both variable and fixed, and flexible repayment terms to
meet specific needs and can provide funding to finance a wide variety of eligible
activities. The maximum Section 108 loan capacity would be $3,475,000, based on our
program year 2017 award of $695,000.
Our CDBG entitlement annual allocation would be pledged - possibly in addition with
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other collateral. Repayment of the loan would be over twenty (20) years. Loan
repayment may be made from program income or from the CDBG annual entitlement.
If the loan were repaid strictly from the CDBG entitlement funds, the annual allocation
typically awarded by Council for infrastructure projects would be reduced for the
amount of the loan repayment. For example, instead of allocating $200,000 each year
for the next five (5) years for infrastructure projects, the total amount of $1,000,000
may be used to complete projects in one year, and repaid over time.
City Council approved Resolution 3787 in September of 2017 authorizing staff to
begin the Section 108 Program application.
On December 21, 2017 the Planning Commission conducted the first of two required
public hearings on the Program and has recommended Council approve the Section
108 Program for the revitalization efforts focused on the Pasco Farmers Market and
Peanuts Park.
V. DISCUSSION:
Eligibility for the Section 108 program is substantially the same as participation in
CDBG. Proposed projects must be eligible activities per 24 CFR 570 and meet
National Objectives (24 CFR 570.208) such as job creation/retention, area benefit, and
housing.
The Downtown Revitalization Plan and Peanuts Park renovation projects are eligible
activities which would qualify as area benefit. Purchasing a vacant building for the
purpose of renting space to a small business would qualify as low-moderate job
creation.
Other examples of eligible projects:
1. Real estate/site-specific gap financing (projects that promote additional private
investment in target area).
2. Location based loan pool to encourage neighborhood development, leverages
existing programs, request for applications to identify potential projects and
market research, such as:
a. Redevelopment of vacant/historic properties for reuse;
b. Mixed use commercial and retail development;
c. Gateway development; and
d. Flagship business.
3. Strategies designed to cultivate healthy markets, such as:
a. Infrastructure and public facilities;
b. Transit-oriented development;
c. Mixed use commercial and retail development;
d. Business development loans; and
e. Other programs focused on downtown by providing additional
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incentives.
Interest rates charged on interim borrowing is priced at the three-month London
Interbank Offered (LIBO) rate, plus 20 basis points. Permanent financing is pegged to
yields on Treasury obligations of similar maturity to the principal amount. A small
additional basis point spread, depending on maturity, will be added to the Treasury
yield to determine the actual rate.
The Section 108 Program can be a strong tool for economic revitalization of the Pasco
Downtown. Staff has begun work on policies and procedures for the Section 108 Loan
Guarantee Program following the individual project application process below:
Step 1. Evaluate potential project in terms of community strategy
Step 2. Determine whether proposed use of funds is eligible under the program
Step 3. Underwrite project(s) for financial feasibility
Step 4. Complete citizen participation process and local review
Step 5. Application Submission and HUD Approval
Step 6. Issuance of the loan guarantee
As City Council must conduct the second required public hearing on the Section 108
Program in accord with federal requirements - staff will return this item to Council at
the January 16, 2018 Council Meeting.
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RESOLUTION NO. -2.)
A RESOLUTION establishing the Section 108 Loan Guarantee Program and authorizing
application to U.S. Department of Housing and Urban Development.
WHEREAS, the City of Pasco has qualified as a Community Development Block Grant (CDBG)
Entitlement jurisdiction in 1998; and
WHEREAS, the City's status as a CDBG Entitlement grantee allows it to borrow U.S.
Department of Housing and Urban Development (HUD) Section 108 Loan Guarantee funds; and
WHEREAS, a CDBG Entitlement grantee may borrow up to five times its annual CDBG
allocation through the HUD Section 108 Loan Guarantee program; and
WHEREAS, based on the 2017 CDBG entitlement of $695,000, maximum loan capacity is
3,475,000; and
Now, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
Section 1. The City Council directs the City Manager to develop and maintain administrative
policies procedures establishing a HUD Section 108 Loan Guarantee Program.
Section 2. The Staff shall administer the Section 108 application process in compliance with HUD
Section 108 guidelines and shall focus on economic opportunities and community infrastructure projects
within the downtown revitalization area.
PASSED by the City Council of the City of Pasco this (5;% day of e Ie -In bel-, 2017
Matt Watkins
Mayor
ATT ST: AP D AS TO FORM:
Daniela Erickson Leland B. Kerr
City Clerk City Attorney
Page 33 of 74
MEMORANDUM
DATE:December 14, 2017
TO:Planning Commission
FROM:Angela R. Pitman, Block Grant Administrator
SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
SECTION 108 GUARANTEED LOAN PROGRAM APPLICATION
(MF# BGAP2017-007)
Reference: 1) Draft Section 108 Application
Background
The Department of Housing the Department of Housing and Urban Development (HUD) has established
the Section 108 Loan Guarantee Program ("Program") in order to provide below-market rate loans for
qualified projects that serve the needs of low and moderate income persons. The City of Pasco meets the
criteria to participate in the Program as a Grantee, receiving funds through the HUD Community
Development Block Grant Program (CDBG). City Council approved participation in the Peanuts Park
Renovation project that is partially funded with CDBG funds. The project will substantial benefit low and
moderate income persons in east and central Pasco. Together with other improvements, the Peanuts Park
renovation project is expected stimulate economic growth in the Downtown Revitalization area, and
create jobs for low and moderate income persons.
Estimated Funds Available
Recipients may borrow up to five times their annual CDBG grant, enabling them to maximize the impact
of available public funds by leveraging grant resources into private loans. Section 108 is a loan guarantee
program, not a grant. It offers lower rates both variable and fixed, and flexible repayment terms to meet
project-specific needs and provides funding to finance a wide variety of eligible activities. The maximum
Section 108 loan capacity would be $3,475,000, based on the program year 2017 award of $695,000.
Citizen Participation
Application for Section 108 was included in the 2017 Annual Action Plan without the loan amount;
therefore, an amendment is needed to update the plan to reflect the requested Section 108 loan
application. A display advertisement was published in the local section of the Tri-City Herald on
December 1 and 10, and in Spanish in Tu Decides on December 1 and 9 notifying the public of this
Public Hearing before the Planning Commission on December 21, 2017. The publication also initiated the
public comment period beginning December 15, 2017 and ending January 16, 2018. A copy of the draft
Section 108 Application was made available at the Planning Department, public libraries and Housing
Authorities as well as on the city’s website.
Application
The City of Pasco proposes to submit the draft application (Reference 1) for the Section 108 Guaranteed
Loan Program to HUD. The draft application proposes to establish an Economic & Community
Development Loan Pool to benefit the revitalization of Downtown Pasco and surrounding neighborhoods.
The loan pool may be used for area wide infrastructure improvements, as well as provide loans to
for-profit businesses. The application must include a repayment schedule and security (CDBG funds,
additional loan security) for loan repayment. If approved, HUD will issue a federal guarantee for the note
to an approved Lender/Investor upon approval which serves as loan commitment to the application.
Page 34 of 74
Loan Amount
The requested loan amount for the City is as follows:
Program HUD Allocation Program Income Total
Section 108 Loan
Guarantee
$3,475,000
Requested
To be determined $3,475,000
Requested
Projects
The City of Pasco will propose projects expected to be performed or completed with the loan and
estimated accomplishments upon completion of the projects. As projects are initiated, the City would
request advances or reimbursements (drawdowns from the line of credit). All program income received
will be used to make repayment to the line of credit. In the case of infrastructure projects where program
income is not received, the City will be using CDBG funding to repay the Section108 activities.
The first project proposed in the fund is the redevelopment of the Pasco Farmers Market, Peanuts Park
and related infrastructure. The projected loan amount for the first project is $2,500,000, subject to HUD
eligibility and underwriting.
Eligibility and National Objective
Eligibility for the Section 108 program is the substantially the same as participation in CDBG. All
projects must meet Eligibility and National Objective requirements specified in 24 CFR 570. The first
project proposed meets eligibility requirements under HUD Matrix Code 03F Park, Recreational Facility
improvements [24 CFR 570.200 and 24 CFR 570.703(b)] and National Objectives under Low-Moderate
Area Benefit (24 CFR 570.208(a)(1)).
Examples of project National Objective beneficiaries:
Low-mod Housing (LMH) - $1.5 million in guaranteed funds used for rehabilitation of housing
units (LMH). Units will be occupied by low-moderate households.
Low-moderate Jobs (LMJ) - $1.3 million in guaranteed funds used to provide loans to small
businesses, and $220K to micro-borrowers; businesses expect to create or retain 44 full-time
equivalent jobs.
Low-moderate Jobs (LMJ) - $15.1 million in guaranteed 3rd party loans to businesses (e.g. for-
profit business manufacturing cosmetics and skin care products, created 700 jobs, and leveraged
$17.2 million in private investment.
Low-moderate Clientele (LMC) - $1.6 million in permanent financing to leverage $2.4 million
for construction of an education center, one of three built in a high poverty area of the city for to
low income clientele.
Low-moderate Area (LMA) - $6 million in guaranteed loan funds for rehabilitation of an existing
public facility that is no longer adequate to meet community needs, construction of multi-purpose
recreation center located in an area serving population that is >60% LMI.
Elimination of Slum & Blight – served as catalyst for redevelopment of entire neighborhood,
dilapidated, deteriorated buildings and structures, soil and groundwater contamination. Produced
227,000 sf of retail space and 27,000 sf of restaurant space. Slum & Blight must be designated by
Council.
Activities must primarily benefit low-moderate income (70% LMI Benefit), and meet applicable public
benefit standards (such as no more than $10,000 per job created for business providing services to low-
moderate income areas, or $35,000 per job created for business creating jobs available to or held by low-
moderate income persons).
Page 35 of 74
Other regulatory requirements applicable to projects include Procurement, Environmental Review,
Uniform Administrative Requirements (2 CFR 200), Labor Compliance (Davis Bacon), Relocation
(URA), Fair Housing, and Lead Based Paint.
Loan Guarantee Financing Fee
In FY 2016, HUD regulations were changed to add a one time, upfront cost that is not annual and not
added into the interest rate of the loan. The fee may be financed as part of the guaranteed loan and paid
for with CDBG or another source of funding. The 2017 fee is 2.59% of the principal; for a loan of $2.5
million, this fee would be $64,750.
Discussion
The Planning Commission should evaluate the Section 108 Application and provide staff direction to
formulate a recommendation for City Council.
The Section 108 Program is a strong tool for economic revitalization. Proposed schedule for meeting
requirements to apply for HUD Section 108 Loan Guarantee is as follows:
1. Completion of a Citizen Participation Process – January 16, 2018
2. Council Approval of Section 108 Application – January 16, 2018
3. Submittal to HUD – January 18, 2018
The City Staff would like to thank the members of the Planning Commission for your time and assistance.
MOTION: I move the Planning Commission close the public hearing and recommend the City Council
approve the Section 108 Loan Guarantee pre-application and proposed use of funds for the Peanuts Park
Renovation/Farmers Market Redevelopment and Infrastructure Project.
Page 36 of 74
CITY OF PASCO
APPLICATION FOR LOAN GUARANTEE
FROM
U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
FOR AN
ECONOMIC AND COMMUNITY DEVELOPMENT LOAN FUND
IN THE AMOUNT OF $3,475,000
December 2017
Page 37 of 74
ECONOMIC DEVELOPMENT LOAN FUND
PASCO, WASHINGTON
Project Description
The purpose of this Section 108 application is to assist with economic and community
development activities in the City of Pasco. The guaranteed loan funds will be used to create a
loan pool targeted to projects that will have positive economic and community development
benefits within East Pasco's neighborhood business district. Individual projects will be
evaluated by City of Pasco's staff, as well as by consultant experts in financial
underwriting.
The City has identified two projects that will likely make use of this fund. The first of these,
the Pasco Plaza Mercado (Market Plaza), is located on 4th Avenue between Lewis and
Columbia Streets. The project includes renovation of the Pasco Farmers Market
Pavilion, as well Peanuts Park. The Pasco Farmers Market celebrates its 30th
Anniversary in 2018, and is a community resource and gathering place for a lower
income, predominately minority community. The second project is the replacement of
deteriorated sidewalks and installation of pedestrian amenities that connect the Market
Plaza to the surrounding neighborhoods. The Section 108 loans for both of these
projects will be debt serviced with CDBG funds.
Section 108 Submission Requirements
A.Community Development Objectives
The Section 108 loan fund will result in lending for economic and community
development in Pasco. This activity will further the City of Pasco's Economic
Development Goals as listed in the City's Consolidated Plan, all of which are
applicable.
Policies
B.Description of how the Proposal meets one of the Criteria in 24 CFR 570.200(a)(2) -
National Objectives.
Section 570.200(a)(2) lists the National Objectives that must be met by all Community
Development Block Grants and therefore Section 108 projects. This section requires that
all funded activities meet one of three national objectives. These objectives are: 1)
benefit to low and moderate income families; 2) aid in the prevention or elimination of
slums or blight; and 3) meeting other community development needs having a particular
urgency because existing conditions pose a serious and immediate threat to the health or
welfare of the community where other financial resources are not available. Section
570.208 defines the criteria under which an activity may meet the requirements of
Section 570.200(a)(2). Each project funded through the Section 108 loan fund will meet
one of the National Objectives listed in Section 570.200(a)(2) as detailed in Section
570.208.
The City of Pasco's Section 108 loan fund will create jobs for low and moderate
income persons, provide services to low income areas, provide infrastructure to create
housing opportunities for low income individuals, and/or eliminate conditions of blight as
defined in Section 570.208.Page 38 of 74
C.Community Development Block Grant Eligibility
In addition to furthering National Objectives, all Section 108 loans must also meet the
eligibility requirements of the Community Development Block Grant program. All
activities funded through the City of Pasco's Section 108 loan fund will meet the
program eligibility requirements as set forth in Sections 570.201, .202, .203, or .204.
The two projects currently identified meet the eligibility requirements of Section
570.20l(c). Under 570.201(c), the City can undertake public facilities and improvements
through: "Acquisition, construction, reconstruction, rehabilitation or installation of public
facilities and improvements, except as provided in Section 570.207(a)."
Section 570.207(a) excludes "buildings or portions thereof, used for the general conduct
of government, general governmental expenses and political activities." None of the
projects to be assisted with Section 108 proceeds will include buildings used for the
general conduct of government, general governmental expenses, nor for political activity.
If the City identifies activities under Section 570.203, it will insure that those activities
additional comply with Section 570.209
Section 570.209 Guidelines
Guidelines and Objectives for Evaluating Project Costs and Financial
Requirements.
All activities eligible under Section 570.203 must meet the requirements of Section
570.209. This section outlines guidelines for ensuring that a proposed project carries out an
economic development objective in an appropriate manner. These guidelines under
570.209(a) are not mandatory but serve as a framework for financially underwriting
economic development projects.
In evaluating proposed projects eligible under Section 570.203 and to be funded from the
Section 108 Economic and Community Development Loan Fund, the City of Pasco will
use the following criteria.
Project Management
The City of Pasco, Department of Community and Economic Development (DCED) will
administer the fund. DCED will underwrite all loans. Should a project to assist a for
profit business emerge as a candidate for loan funding, the city will use an
experienced consultant to advise on project feasibility.
Underwriting Standards for City of Pasco Section 108 Loan Fund
1.National Objective
All loans shall meet a national objective as specified in 24 CFR 570.208. No loan
shall be approved without verification of compliance with the national objective
requirements, specified in 24 CFR 570.208, by the Washington State Office of the
United States Department of Housing and Urban Development.
Page 39 of 74
2.Eligibility
In addition to meeting one of the program's National Objectives, all projects
assisted through the loan fund must fall within one of the eligible activities listed in
570.703.
3.Guidelines for evaluating and selecting economic development projects
For all activities eligible under 570.703(i), economic development activities, the
project will be required to meet the guidelines listed under 570.209: Guidelines for
evaluating and selecting economic development projects. No loan shall be
approved without verification of compliance with the public benefit standards as
specified in 24 CFR 570.209(b) by the Washington State Office of the United
States Department of Housing and Urban Development.
4.Financial Underwriting
In loan underwriting the City shall adhere to the following criteria.
a.Real Estate Loans
Real Estate Loans shall be evaluated based on:
Ability to Repay
Collateral
Development Team Capacity and Experience
Developer Commitment
Character of the Developer
Ability to Repay:
Projects to be funded will have at least a 1.1 projected debt
coverage ratio. If the project includes more than a small
percentage of its rental income from start-up or financially weak
tenants then a higher debt coverage ratio shall be required.
Collateral:
Projects to be funded should have a loan to value ratio of not
greater than 80 percent. This value must be supported by an
appraisal prior to funding. If greater than an 80 percent loan to
value ratio is proposed, outside collateral sufficient to provide an 80
percent loan to value shall be required. In certain cases outside
guarantees may suffice for additional collateral.
Development Team Capacity and Experience:
Projects funded shall have a development team that has both the
capacity and experience to complete the project as demonstrated by
past projects and financial strength.
Developer Commitment:
Developer commitment can take many forms. While each project is Page 40 of 74
likely to be different, the forms of developer commitment that can
be expected include: adequate equity, guarantees of completion,
guarantees to fund shortfalls or guarantees of minimum cash flow.
Character:
Projects to be funded should have developers with good credit
histories, demonstrated integrity, and quality references.
b.Business Loans
Business Loans shall be evaluated based on:
Ability to Repay
Collateral
Guarantees Financial
Strength
Management Experience
Character of the Principals
Ability to Repay:
All businesses funded with the program shall have existing cash
flow (profits after tax, plus depreciation, plus excess officers
income, plus rent savings if applicable) sufficient to repay the loan.
Projections must be supported by strong evidence that they will
materialize.
Collateral:
All business loans must be supported by collateral. Real Estate
must be supported by an appraisal and will be generally accepted up
to 80 percent of its value. Machinery and equipment, depending
on its nature, will be accepted from 40 percent to 60 percent of its
fair market value. Accounts receivable and inventory will normally be
used to secure operating debt and will generally not be taken as
collateral. Outside collateral, such as personal residences, shall
be valued up to 80 percent of their fair market value net of existing
debt.
Guarantees:
All principals with 20 percent or more or a controlling interest, if
less than 20 percent, shall provide personal guarantees.
Financial Strength:
Three years of financial statements on the business, plus a personal
financial statement on all principals of the business shall be
analyzed to determine if the company is well run and has the
ability to manage its accounts and pay its obligations.
Page 41 of 74
Management Experience:
The management must have experience in the business or in a
similar business, be able to demonstrate an ability to manage, and
have the depth in management to withstand unforeseen transitions.
Character of the Principals:
The personal financial statements and credit history of the
principals must demonstrate honesty and trustworthiness.
D.Eligibility under 24 CFR 570.703
Each of the projects to be assisted with Section 108 guaranteed loan funds and Economic
Development Incentive grant funds must meet one of the eligibility requirements listed in
24 CFR 570.703. The initial two projects detailed in this application are eligible under
570. 703(1): Acquisition, construction, reconstruction, rehabilitation, or installation of
public facilities (except for buildings for the general conduct of government), public
streets, sidewalks and other site improvements and public utilities. Other projects to be
funded under the program may also qualify under 570.703(a)(b)(c)(d)(e)(f)(h)&(l).
c.Substitution of CDBG funds for Private Sources
City staff assisted by consultants will review all projects to ensure that
each loan minimizes the use of CDBG funds. It is in the City of Pasco's
self interest to insure that there is no substitution of CDBG funding for
non-federal funding. Given the limited availability of federal funds, the
city staff will work diligently to maximize the use of private, non-federal
funding in all projects.
All projects will be reviewed to ensure that private sources of financing
have been maximized and that the rate of return on equity is reasonable
and within general standards.
E.A Description of the Pledge of CDBG Guarantee
The City of Pasco understands that if the participants in this Section 108 loan fund fail
to make timely payments and the City of Pasco therefore fails to make a required
payment on its notes, HUD will deduct that payment from the City of Pasco's CDBG
Letter of Credit. In accepting this loan guarantee, the City of Pasco has pledged its
CDBG funds and all other applicable grants as security for the guarantee. (Please refer to
Attachment A - Certifications.)
Page 42 of 74
In requesting approval of this loan guarantee fund the City of Pasco is requesting a
commitment for a 20-year term. The principal repayment term will be determined for
each loan at time of closing.
F.Certifications
The City of Pasco will comply with all certification required under 570.704.
Page 43 of 74
Schedule for Repayment of the Loan
The applic ant must provide the f unding matrix s how n below , listing each pr ogram or program component f or w hic h HUD f unding is being r eques ted
and submit this inf ormation w ith the application f or f ederal f inancial as sistance.
Grant Program* HUD Matching Other HUD Other Federal State Local/Tribal Other Program Total
Shar e Funds Funds Share Share Share Funds Inc ome
Sectio n 108 Ec o no m ic
D ev elo pm ent Lo an Fund
City of Pas co 3,475,000.00$ 3,475,000.00$
Gr and Totals
3,475,000.00$ 3,475,000.00$
Page 44 of 74
Page 45 of 74
0MB Approval No. 2501-0017 (exp. 03/31/2011)
HUD-424-M Funding Matrix
The applicant must provide the funding matrix shown below, listing each program or program component for which HUD funding is being requested
and submit this information with the application for federal financial assistance.
Grant Program·
Section 108 Economic
Development Loan Fund $3,352,180 $3,352,180
City of Pasco. A
Grand Totals
$3,352,180 $3,352,180
Page 1 of2
form HUD-424-M (03/2003)
HUD Matching Other HUD Other Federa State Local/Tribal Other Program Total
Share Funds Funds Share Share Share Funds Income
Page 46 of 74
PLANNING COMMISSION MINUTES
12/21/2017
PUBLIC HEARING:
F. Block Grant Section 108 Loan Program Application - CDBG
Chairman Cruz read the master file number and asked for comments from staff.
Michael Morales, Economic Development Program Manager, discussed the Section 108
Loan Program Application for block grant funds. Mr. Morales reminded the
Commission that this item had been discussed in a workshop during the previous
Planning Commission meeting. He explained that this will be the City’s first effort in
pursuing this program as an entitlement community. It is a loan guarantee provision
of the Block Grant program and the Planning Commission is the advisory board for
that program with the city. The program is a tool that was developed as a way for
cities to leverage their CDBG funds. The City is eligible to borrow up to five times its
annual entitlement amount and at this time that number sits at approximately 3.3
million dollars.
These loan projects, Mr. Morales says, must meet all the rules, public benefit, and
national objectives as CDBG. CDBG is always the backstop as loan security for these
loans, first and foremost there are always typical real estate collateral personal
guarantees involved when one is dealing with the private sector. Where a city takes
out a public facilities project, there is still some negotiation with HUD that takes
account of what the cost benefit will be and what sort of collateral the city will be able
to provide. In this case, Pasco is fortunate that it has a number of properties around
the community, and HUD is typically flexible about being subordinate to senior loans.
Mr. Morales goes on to say that in the last decade, cities began establishing loan pools
as a way to put a marker on the amount of Section 108 dollars. Each project is
individually underwritten to take to HUD for future approval. In this particular case,
the City would be moving forward in establishing a 3.3 million dollar pool and then
pursuing a public facilities project in the downtown area as its first project. The City is
looking to make a number of improvements in the downtown core area to help it better
position itself as a place for regional events and tourism. Projects like the Lewis Street
overpass will help drive investment in downtown, so it could be timely for the City to
leverage those investments for additional grant dollars. The initial focus area is
between Clark Street and Columbia Street, north and south, and between 2nd Avenue
and 4th Avenue on the east and west. The goal is to make the downtown area more
pedestrian, tourist, and family friendly by offering different amenities. Repurposing
underutilized buildings and working with existing or new property owners gives Pasco
a little more flare. One of the first projects the City would be proposing is a market
plaza, which will build upon the repurposing and rebranding of Peanuts Park as well
as the North Promenade. Mr. Morales then discusses the design layout of the said
Market Plaza and the reimagination of Peanuts Park.
The City will follow with a financing piece for the Plaza. It is estimated that the Plaza
Page 47 of 74
will be budgeted in the 5 to 6 million dollar range.
Chairman Cruz asked the Commission if there were any questions.
Commissioner Portugal stated that in the past, locating electrical outlets was a
challenge and asked if that would be addressed.
Mr. Morales assured the Commission this would be addressed and also stated that
where and how they are utilized is important.
Commissioner Mendez asked where the rest of the funding is going to come from if the
project will cost 6 million dollars.
Mr. Morales responded that the City has submitted as capital budget request to the
State Legislature in the last two sessions and is also looking at additional grant
resources. The City is also considering naming rights as a possibility for the Famers
Market.
With no further questions or comments the public hearing was closed.
Commissioner Campos moved, seconded by Commissioner Bykonen, to close the
hearing on the Section 108 Loan Program Application and recommend the City
Council approve the Section 108 Loan Guarantee pre-application and proposed used
of funds for the Peanuts Park Renovation/Farmers Market Redevelopment and
Infrastructure Project. The motion passed unanimously.
Page 48 of 74
AGENDA REPORT
FOR: City Council December 28, 2017
TO: Dave Zabell, City Manager Workshop Meeting: 1/8/18
FROM: Rick White, Director
Community & Economic Development
SUBJECT: GMA Development Agreements
I. REFERENCE(S):
Planning Commission Memo dated Nov. 1, 2017
Planning Commission Minutes Nov. 16, 2017
Proposed Ordinance
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A 1995 State law enacted the Local Project Review Act - which was codified as
36.70B RCW. This addition to State law provides specific authority and direction for
development agreements.
A development agreement is a voluntary contract between a local jurisdiction and a
person who owns or controls property. A development agreement details the
obligations of both parties (jurisdiction and owner) and specifies the standards and
conditions that will govern development of the property. A development agreement
provides assurances to the developer that the development regulations that apply to a
project will not change during the term of the agreement.
An agreement can also provide certainty to a jurisdiction that certain standards or
conditions will be imposed on a project to better incorporate timing of improvements,
fees or physical improvements and amenities. Such agreements are commonly utilized
by cities as a tool to address issues unique to the proposed development of a particular
property or properties.
Page 49 of 74
The Planning Commission considered the proposed ordinance at a public hearing on
November 16, 2017 and has forwarded a recommendation of approval to Council.
V. DISCUSSION:
Although development agreements are voluntary, once made they are binding on the
parties and their successors. Typical duration of a development agreement is 10 years -
usually with a provision for extension upon agreement of both parties. Local
jurisdictions must hold a public hearing prior to approving a development agreement
and may only impose impact fees, dedications, mitigation measures and standards as
authorized by other laws.
Development agreements can be particularly useful within Pasco as a tool to outline
responsibilities of developers in order for extension of City water/sewer service
outside the corporate boundaries.
The proposed ordinance would add a Chapter to the Pasco Municipal Code and
establish provisions for the execution of development agreements. The ordinance
outlines what is included in the term "development standard" and specifies that the
required hearing be held before the Planning Commission.
Staff believes this proposed ordinance will provide the ability to better manage
development in complex circumstances - such as what may occur in the Broadmoor
Master Plan area and for properties needing City utility services that are outside the
City limits but with the Urban Growth Area.Council discussion is requested.
If Council concurs with the contents of the draft ordinance, it will be brought back for
Council action.
Page 50 of 74
MEMORANDUM
DATE:November 1, 2017
TO:Planning Commission
FROM:Rick White, Director
Community & Economic Development
SUBJECT:Creating a New Chapter 26.50 “GMA Development Agreements” in the Pasco
Municipal Code (MF# 2017-006)
A 1995 State law enacted the Local Project Review Act - which was codified as 36.70B RCW.
This addition to State law provides specific authority and direction for development agreements.
A development agreement is a voluntary contract between a local jurisdiction and a person who
owns or controls property within the jurisdiction. A development agreement details the
obligations of both parties (jurisdiction and owner) and specifies the standards and conditions
that will govern development of the property.
A development agreement provides assurances to the developer that the development
regulations that apply to a project will not change during the term of the agreement. An
agreement can also provide certainty to a jurisdiction that certain regulations or conditions will
be imposed on a project to better incorporate timing of improvements, fees or development
standards.
Although development agreements are voluntary, once made they are binding on the parties
and their successors. Typical duration of a development agreement is 10 years - usually with a
provision for extension upon agreement of both parties.
Local jurisdictions must hold a public hearing prior to approving a development agreement and
may only impose impact fees, dedications, mitigation measures and standards as authorized by
other laws.
Development agreements can be particularly useful within Pasco as a tool to outline
responsibilities of developers in order for extension of City water/sewer service outside the
corporate boundaries or for use in potentially complex development scenarios that may apply in
the Broadmoor area or any other master planned situation.
The proposed ordinance would add a Chapter to the Pasco Municipal Code and establish
provisions for the execution of development agreements. The ordinance outlines what is
included in the term "development standard" and specifies that the required hearing be held
before the Planning Commission.
Staff believes this proposed ordinance will provide the ability to better manage development in
certain circumstances - particularly for properties needing City utility services that are outside
the City limits but with the Urban Growth Area.
Page 51 of 74
This item has been advertised for a public hearing for the Planning Commission meeting
tonight. If the Commission is comfortable with making a recommendation to Council – the
motion below would in order:
MOTION:
I move the Planning Commission recommend to City Council that a new Chapter in the Pasco
Municipal Code 26.50 titled “GMA Development Agreements”, as contained in the November 16,
2017 staff report be adopted.
If the Commission has questions or needs further discussion – then the item can be returned as
appropriate.
Page 52 of 74
PLANNING COMMISSION MINUTES
11/16/2017
C. Code Amendment Creating a new Chapter 26.50 “GMA
Development Agreements” in the Pasco
Municipal Code (MF# CA 2017-006)
Chairman Cruz read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the proposed
code amendment creating a new Chapter 26.50 “GMA Development Agreements” in
the Pasco Municipal Code. This item involves a tool for land use and was established
by the State in 1995. A related this item to how concomitant agreements are used
when zone changes occur and said that the GMA development agreements would be
similar except they wouldn’t require a rezone application to have a development
agreement. A development agreement is an agreement between a land owner and in
this case, the City, which would establish terms of development and expectations. It
would lock in development regulations for the period of time specified in the
agreement and then it would have the benefit of having a public hearing which is
proposed to be held by the Planning Commission. There would also be the ability to
offer an extension to the timeframe if appropriate. It is simply a contract to develop in
a certain way and lock in development regulations for a period of time. This tool is
used in both Kennewick and Richland. It would be particularly helpful in Pasco as we
are in the middle of working through a County plats that needs to have certain City
responsibilities. Currently it is being handled through an awkward SEPA process. It
would be particularly beneficial in instances where the City is able to extend water
and sewer services to County properties not yet incorporated but inside the Urban
Growth Area. Or, if a development is happening in a Master Plan Area, such as the
Broadmoor Area, where things become complex and you want to lay out the
expectations and the product you hope to achieve in a manner that’s more formal than
just a zone change or guidance from the Comprehensive Plan.
Chairman Cruz asked if the Planning Commission could have very broad terms to the
contract.
Mr. White responded that the Planning Commission could request anything in the
contract that is not prohibited by law.
Commissioner Roach asked if it would vary based on what type of development it was.
Mr. White said that it would be very likely.
Commissioner Roach asked if they would see the details of that text prior to the
municipal code and asked for clarification on the timeframe to lock in the dates of the
agreements.
Mr. White said yes and they could be anything from 10 to 15 years or 5 years with the
Page 53 of 74
option for an extension.
Commissioner Bowers asked if the advantage would be to be able to take more things
into account.
Mr. White replied yes. For a typical subdivision there may not be much difference but
it would help with more complex developments.
Commissioner Alvarado asked if the benefit for the developer would be them knowing
better how to plan and budget.
Mr. White responded that they would have that benefit as well as knowing that they
have that agreement for the given time and the criteria will not change for them in that
timeframe.
Chairman Cruz gave the example if someone had 1,000 acres and took 20 years to
develop, things could change with City requirements but those changes would not
impact the developer if they have an agreement. And the Planning Commission could
work out whatever deal needed to protect both the City and the developer.
Commissioner Mendez asked if the City wants a consistent vision why would this
agreement be voluntary and not a requirement and why hasn’t this process been used
in the past or currently.
Mr. White said that it comes out of State law that it is not mandatory but provides the
option for municipalities to use in their code.
Commissioner Roach said she couldn’t find the allotted timeframe in the proposed
code.
Chairman Cruz said it would vary for each agreement unless the Commission wanted
to place a cap.
Mr. White replied that there was language addressed in the proposed code for
timeframes and extensions.
Chairman Cruz added that it also addressed that it would be valid up to the time of
annexation so in the case it takes a long time for the City to annex, the agreement
would still be enforceable.
With no further questions or comments the public hearing was closed.
Commissioner Portugal moved, seconded by Commissioner Bowers, to close the public
hearing and recommend to City Council that a new Chapter in the Pasco Municipal
Code 26.50 titled “GMA Development Agreements”, as contained in the November 16,
2017 staff report be adopted. The motion passed unanimously.
Page 54 of 74
Page 55 of 74
Ordinance – Adopting PMC 26.50 - 1
ORDINANCE NO. ______
AN ORDINANCE of the City of Pasco, Washington,
Creating Chapter 26.50 “GMA Development Agreements”
WHEREAS, RCW 36.70B.170 authorizes local governments to enter into GMA
Development Agreements with persons having ownership or control of real property within its
jurisdiction; and
WHEREAS, RCW 36.70B.170 authorizes local governments to enter into GMA
Development Agreements for real property outside its boundaries as part of a proposed
annexation or a service agreement; and
WHEREAS, The City of Pasco City Council finds that the lack of certainty in the
approval of development projects can result in a waste of public and private resources, escalate
housing costs for consumers and discourage the commitment to comprehensive planning which
would make maximum efficient use of resources at the least economic cost to the public and that
assurance to a development project applicant that upon government approval the project may
proceed in accordance with existing policies and regulations, and subject to conditions of
approval, all as set forth in a GMA Development Agreement, will strengthen the public planning
process, encourage private participation and comprehensive planning, and reduce the economic
costs of development. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That a new Chapter 26.50 entitled GMA Development Agreements of the
Pasco Municipal Code, shall be and hereby is adopted and shall read as follows:
Chapter 26.50
GMA DEVELOPMENT AGREEMENTS
Sections:
26.50.010 GMA Development Agreements Authorized.
26.50.020 Enforceability.
26.50.030 Recording.
26.50.040 Approval.
26.50.010 GMA DEVELOPMENT AGREEMENTS AUTHORIZED.
(1) The City may enter into a GMA Development Agreement with a person having
ownership or control of real property within its jurisdiction. The City may enter into a GMA
Development Agreement for real property outside its boundaries as part of a proposed
annexation or a utility service agreement. A GMA Development Agreement must set forth the
Page 56 of 74
Ordinance – Adopting PMC 26.50 - 2
development standards and other provisions that shall apply to, govern and vest the development,
use, and mitigation of the development of the real property for the duration specified in the
agreement. A GMA Development Agreement shall be consistent with all applicable development
regulations.
(2) Sections 26.50.010 through 26.50.030 do not affect the validity of a contract
rezone, concomitant agreement, annexation agreement, or other agreement in existence or
adopted under separate authority, that includes some or all of the development standards
provided in subsection (3) of this section.
(3) For the purposes of this section, “development standards” include, but are not
limited to:
(a) Project elements such as permitted uses, residential densities, and
nonresidential densities and intensities or building sizes;
(b) The amount and payment of impact and mitigation fees imposed or agreed
to in accordance with any applicable provisions of state law, any reimbursement
provisions or other financial contributions by the property owner, inspection fees, or
dedications;
(c) Mitigation measures, development conditions, and other requirements
under RCW 43.21C;
(d) Design standards such as maximum heights, setbacks, drainage and water
quality requirements, landscaping, and other development features;
(e) Affordable housing;
(f) Parks and open space preservation;
(g) Phasing;
(h) Review procedures and standards for implementing decisions;
(i) A build-out or vesting period for applicable standards; and
(j) Any other appropriate development requirement or procedure.
(4) The execution of a GMA Development Agreement is a proper exercise of the
City’s police power and contract authority. A GMA Development Agreement may obligate a
party to fund or provide services, infrastructure, or other facilities. A GMA Development
Agreement shall reserve authority to impose new or different regulations to the extent required
by a serious threat to public health and safety. GMA Development Agreements within the City
are limited to a ten-year timeframe. An extension of one to ten years may be exercised upon
Page 57 of 74
Ordinance – Adopting PMC 26.50 - 3
mutual approval of both the developer and the City (PMC 26.50.050). GMA Development
Agreements outside the City continue in effect at least until annexation.
26.50.020 ENFORCEABILITY. Unless amended or terminated, a GMA
Development Agreement is enforceable during its term by a party to the agreement. A GMA
Development Agreement and the development standards incorporated in the agreement govern
during the term of the agreement, or for all or that part of the build-out period specified in the
agreement, and may not be subject to an amendment to a zoning ordinance or development
standard or regulation or a new zoning ordinance or development standard or regulation adopted
after the effective date of the agreement. A permit or approval issued by the City after the
execution of the GMA Development Agreement must be consistent with the terms of the GMA
Development Agreement.
26.50.030 RECORDING. A GMA Development Agreement shall be recorded with
the real property records of Franklin County. During the term of the GMA Development
Agreement, the agreement is binding on the parties and their successors, including the City when
it assumes jurisdiction through incorporation or annexation of the property covered by the GMA
Development Agreement.
26.50.040 APPROVAL. The City shall only approve a GMA Development
Agreement after a pre-decision open record public hearing. The public hearing shall be held
before the Planning Commission whose recommendation and record shall be acted on by the
City Council by Resolution approving or denying the GMA Development Agreement.
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 _________________, 2018.
__________________________________
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________ __________________________________
Daniela Erickson, City Clerk Leland B. Kerr, City Attorney
Page 58 of 74
AGENDA REPORT
FOR: City Council December 26, 2017
TO: Dave Zabell, City Manager Workshop Meeting: 1/8/18
FROM: Dan Ford, City Engineer
Public Works
SUBJECT: Oregon Ave Corridor, No. 12002 - Supplement No. 7 with CH2M
I. REFERENCE(S):
Vicinity Map
Supplemental Agreement No. 7
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
Transportation Improvement Board (TIB) Grant $4,864,500
Highway Safety Improvement Program Grant $875,900
Surface Transportation Program Grant $903,550
City of Pasco - Arterial and Overlay Funds $1,399,378
Total Project Cost (Past and Future*) $8,043,328
*Previously spent and anticipated costs.
CH2M Design Contract:
Previous Agreement: $576,636
Supplement No. 7: $121,407
Adjusted Total Cost: $698,043
IV. HISTORY AND FACTS BRIEF:
Oregon Avenue (SR397) Corridor Improvements project is a project that will
incorporate transportation and pedestrian safety improvements to Oregon Avenue
(SR397) from its connection with the interchange of I-182/SR12 on the north to 'A'
Street on the south. The corridor supports a heavy freight load and has experienced a
Page 59 of 74
significant number of crashes over the last several years, highlighting a need for these
improvements.
On November 19, 2012, City Council signed a Professional Services Agreement (PSA)
with CH2M Hill in the amount of $350,000 to complete design of the Oregon Avenue
Corridor in accordance with initially agreed scope and fees.
Additional scope has been added to the design as the project progressed. A summary of
supplemental agreements for the contract is listed below for your reference:
1. Supplement No. 1 was approved on January 21, 2014. It increased the PSA
amount by $25,829 for a Traffic Noise Report and additional geotechnical field
investigation, laboratory and analysis, for a total of $375,829.
2. Supplement No. 2 was approved on November 3, 2014. It increased the PSA
amount by $36,663 for additional signal warrant analysis and design, additional
stormwater design and coordination, additional environmental documentation
associated with historic property inventories, and environmental documentation
and engineering analysis associated with noise attenuation, for a total of
$412,492.
3. Supplement No. 3 was approved on December 16, 2015. This was a no cost
supplement; the agreement extended time for completion. The PSA remained at
a total of $412,492.
4. Supplement No. 4 was approved on February 16, 2016. It increased the PSA
amount by $164,144 for additional design services due to updated Franklin
PUD illumination standards, intersection modifications, working with property
owners, and the addition of bidding and construction support activities, for a
total of $576,636.
5. Supplement No. 5 was approved in December of 2016. This was a no cost
supplement; the agreement extended time for completion, primarily due to
WSDOT delays in right-of-way acquisition. The PSA remained at a total of
$576,636.
6. Supplement No. 6 was approved in December of 2017. This was a no cost
supplement; the agreement extended time for completion, primarily due to
WSDOT delays in right-of-way acquisition. The PSA remained at a total of
$576,636.
V. DISCUSSION:
Supplement No. 7 proposes to amend the scope of the current agreement with CH2M.
The attached Supplemental Agreement includes detailed information with additional
scope for the project and brings the project plans, specifications and engineer's estimate
to a bid ready status. The primary changes in the scope are as follows:
• Additional roadway and traffic design services and coordination associated with
traffic signal approval process and revisions.
• Additional design services associated with the inclusion of an emergency signal
at Fire Station 81.
Page 60 of 74
• Additional design work due to Washington State Department of Transportation
(WSDOT) requirements including channelization plans and design revisions.
Due to the additional scope and changes for the betterment of the corridor, the total
cost of services contracted with CH2M for the design of the corridor is increased from
the currently apporved amount of $576,636 to $698,043, which continues to be within
the acceptable standard for the cost of design and within available resources for design
services.
Page 61 of 74
OREGON AVE (SR 397) CORRIDOR IMPROVEMENTS - PHASE I
VICINITY MAP
References
Project Phase 1
Project Phase 2 (Future)
Proposed new Traffic Signal
Upgrade to existing Traffic Signal
Port of Pasco
Schools
EMS/Fire Station
Commercial/Industrial Area
Lewis St.
Overpass
N
“A” Street
Lewis Street
``
Broadway Street
Page 62 of 74
DOT Form 140-063
Revised 09/2005
Supplemental Agreement
Number
Organization and Address
Phone:
Original Agreement Number
Project Number Execution Date Completion Date
Project Title New Maximum Amount Payable
Description of Work
The Local Agency of
desires to supplement the agreement entered in to with
and executed on DQGLGHQWL¿HGDV$JUHHPHQW1R
$OOSURYLVLRQVLQWKHEDVLFDJUHHPHQWUHPDLQLQHIIHFWH[FHSWDVH[SUHVVO\PRGL¿HGE\WKLVVXSSOHPHQW
The changes to the agreement are described as follows:
I
Section 1, SCOPE OF WORK, is hereby changed to read:
II
6HFWLRQ,97,0()25%(*,11,1*$1'&203/(7,21LVDPHQGHGWRFKDQJHWKHQXPEHURIFDOHQGDUGD\V
for completion of the work to read:
III
6HFWLRQ93$<0(17VKDOOEHDPHQGHGDVIROORZV
DVVHWIRUWKLQWKHDWWDFKHG([KLELW$DQGE\WKLVUHIHUHQFHPDGHDSDUWRIWKLVVXSSOHPHQW
If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate
VSDFHVEHORZDQGUHWXUQWRWKLVRI¿FHIRU¿QDODFWLRQ
By:By:
Consultant Signature Approving Authority Signature
Date
City of Pasco, WA
CH2M HILL, INC.
11/26/2012 STPUS-0397(008)
See Exhibit A-1, Scope of Work, attached.
7
STPUS-0397(008)
CH2M HILL, INC.
295 Bradley Boulevard, Suite 300, Richland, WA 99532
509.375.3444
STPUS-0397(008)11/26/2012 12/31/2018
Oregon Avenue (SR397) Corridor Traffic Study and Design $698,043.00
Additional management, design and right-of-way plan and description services.
No Change-N/A
The Total Maximum Amount Payable under the agreement is increased by $121,407 to $698,043
Mark A. Brower, P.E. Dave Zabell, City Manager
Page 63 of 74
SUPPLEMENT #7, EXHIBIT A-1: SCOPE OF WORK
REVISED: 12/22/2017 PAGE 1 OF 5
CITY OF PASCO, WASHINGTON
OREGON AVENUE (SR-397) CORRIDOR TRAFFIC STUDY
& DESIGN
Supplement #7 – Supplemental Professional Services
EXHIBIT A-1: SCOPE OF WORK
INTRODUCTION
This Supplemental Agreement No. 7 Scope of Work modifies the scope of CH2M HILL, Inc.’s
(CONSULTANT) professional engineering services and compensation for the original agreement (dated
11/26/2012) to include:
Task 1: Project management and administrative services associated with the extended project
duration. Original agreement assumed project duration thru December 2016. Current project
anticipated to be complete in December, 2017.
Task 3: Redesign of the intersection curb returns due to comments from Washington State
Department of Transportation’s (WSDOT) Channelization Plan review.
Task 3: Revision of the landscaped median at the north end of the project, including striping design,
storm drain design due to decisions to reduce construction costs.
Task 3: Revising landscape drawings due to decisions to reduce construction costs.
Task 3: Revising the Idaho Street intersection traffic signal due to lack of signal warrant. The revised
design will still propose underground features including conduit, junction boxes, and pole
foundations.
Task 3: Designing an emergency traffic signal at the Fires Station 81 location as a bid additive, including
updating plans, specifications, and estimate due to the addition of this bid additive. Signing
and striping plans will also be updated to reflect this bid additive.
Task 3: Revising design plans and right‐of‐way plans based on discussions and negotiations with
property owners between November 19, 2015 and the proposed bid date.
Task 3: Cooperating with utility owners to determine relocations.
Task 6: New work associated with developing legal descriptions for temporary construction
easements.
Task 9: New task associated with developing channelization plans for WSDOT review and approval.
The CONSULTANT will provide the following services:
Page 64 of 74
SUPPLEMENT #7, EXHIBIT A-1: SCOPE OF WORK
REVISED: 12/22/2017 PAGE 2 OF 5
TASK 1. PROJECT MANAGEMENT AND COORDINATION
Additional effort is needed to complete the following tasks:
The CONSULTANT will provide project management and administration services for the work elements
described in this document.
1.1. Contract Management
The CONSULTANT will provide services to manage the contract, manage project scope, schedule and
budget, amend professional agreements with subconsultants, prepare and process monthly invoicing,
progress reporting, and other internal management duties.
The CONSULTANT will provide the CITY with a monthly Progress Report, in writing, reporting on the
CONSULTANT’S progress and any known issues or anticipated changes in performing the Work.
Task 1.1 Assumptions:
Additional duration of 12 months (December 2016 to December 2017)
Task 1.1 Deliverables:
Monthly Progress Reports (1 hard copy and .pdf electronic format)
1.2. Project Coordination
1.2.1. Correspondence and Meetings
The CONSULTANT will partner with the CITY to accomplish the Oregon Avenue (SR 397) Corridor
Traffic Study & Design. Coordination of the project work elements will include an additional 8
months (assumed) of:
Coordination meetings with CITY to be conducted at appropriate intervals throughout the
project.
Regular coordination meetings with internal CONSULTANT team, including
subconsultants to be conducted at appropriate intervals throughout the project.
Task 1.2 Assumptions:
Weekly Coordination Meetings with CITY via phone or in CONSULTANT offices up to start of
Phase I construction, then as needed.
CITY staff will conduct necessary meetings with Council and CONSULTANT will not attend.
Assumes two CONSULTANT staff will attend two (2) meetings with the CITY at CITY offices.
Task 1.2 Deliverables:
Meeting Agendas and Meeting Notes (.pdf electronic format)
Page 65 of 74
SUPPLEMENT #7, EXHIBIT A-1: SCOPE OF WORK
REVISED: 12/22/2017 PAGE 3 OF 5
TASK 3. FINAL ROADWAY DESIGN
Additional effort is needed to complete the following:
3.1. Final Roadway Design Plans
3.1.1. Temporary Erosion & Sedimentation Control (TESC) Plans
TESC plans will be modified to reflect changes at intersections and the landscaped median.
3.1.2. Typical Sections
Typical sections will be modified to reflect changes in the landscaped median, pavement
section, and striping.
3.1.3. Site Preparation Plans
Site preparation plans will be updated to reflect changes to intersections and landscaped
median.
3.1.4. Drainage and Utility Plans
Drainage and utility plans will be updated to reflect changes to intersections and landscaped
median.
3.1.5. Roadway Paving Plans
Roadway paving plans will be updated to reflect changes to intersections and landscaped
median.
3.1.6. Intersection Layouts
Intersection layout plans will be updated to reflect changes to intersections due to WSDOT
requirements.
3.1.7. Traffic Signal and Illumination Plans
Traffic Signal and Illumination plans will be updated to reflect changes to the Idaho Street
traffic signal and intersection changes at A St, Broadway St, and Salt Lake St. due to WSDOT
requirements.
A new emergency signal will be designed at the Fire Station 81 location. Plans, special
provisions, and estimates will be updated to include this emergency signal as a bid additive
to the project.
3.1.8. Signing and Pavement Marking Plans
Signing and pavement marking plans will be updated to reflect change in lane widths and
intersection changes due to WSDOT requirements. Signing and pavement markings sheets
will be modified to reflect the emergency signal bid additive.
Page 66 of 74
SUPPLEMENT #7, EXHIBIT A-1: SCOPE OF WORK
REVISED: 12/22/2017 PAGE 4 OF 5
3.1.10. Landscaping & Irrigation Plans
Landscaping and irrigation plans will be modified to reflect reduced landscaping to reduce
construction costs.
Subtask 3.1 Assumptions:
Phase I and Phase II submittal milestones may not be coincident. It is anticipated that Phase
I will be bid for 2017 construction, and Phase II will be bid no sooner than 2018.
Construction traffic control plans are not required and may be handled via contract
specifications.
CITY to provide design and plans for backage roadway required due to access management
recommendations on Oregon Avenue. CONSULTANT will incorporate CITY‐provided plans
in bid sets.
Landscape design plans for Phase II are accomplished in Task 4.
This task will require redesign of 52 curb returns and the adjacent pavement areas to
comply with ADA requirements.
Assumes 2 redesigns of the Broadway intersection signal: 1 due to WSDOT requirements,
another due to property owner acquisition negotiations.
Assumes additional modifications to the Salt Lake Street signal due to utility relocations.
Assumes additional modifications to the Salt Lake Street intersection plans due to recent
development in the northwest corner of the intersection.
Assumes custom designed curb ramps will be required at all but 4 of the curb ramps due to
lack of available space within which to fit a standard curb ramp layout.
Assumes changing the striping and lane widths to accommodate WSDOT comments in both
the typical sections and the signing and striping sheets.
CONSULTANT will cooperate with utility owners and the City to determine anticipated utility
relocations.
3.3. Summary of Quantities and Opinion of Cost
CONSULTANT will update opinions of cost for Phases I with revised unit prices based on current pricing
data. Summary of quantities will be updated based on design changes in Phases I and II.
3.4. Plan Updates Based on Property Owner Discussions
CONSULTANT will update the design plans based on negotiations between the CITY and property
owners.
TASK 6. RIGHT‐OF‐WAY PLANS
Task 6 scope of work is supplemented with the following task:
6.5 Temporary Construction Easement Legal Descriptions
The CONSULTANT will prepare legal descriptions for each temporary construction easement
shown on the right‐of‐way plans. Legal descriptions will be prepared per WSDOT standards and
Page 67 of 74
SUPPLEMENT #7, EXHIBIT A-1: SCOPE OF WORK
REVISED: 12/22/2017 PAGE 5 OF 5
requirements. The CONSULTANT will resolve review comments from the CITY and WSDOT and
incorporate resolved comments into the final legal descriptions.
Subtask 6.5 Assumptions:
CITY will provide title reports, deeds, and other necessary material to prepare each legal
description.
The CITY and WSDOT will review the legal descriptions once prior to final submittal.
Task 6 scope of work is supplemented with the following task:
6.6 Plan Updates Based on Property Owner Discussions
CONSULTANT will update the right‐of‐way plans based on negotiations between the CITY and
property owners.
Add the following task to the scope of work:
TASK 9. CHANNELIZATION PLANS
9.1 Channelization Plans
CONSULTANT will prepare channelization plans for the 16 intersections within the project limits.
Channelization plans will be prepared to WSDOT standards. CONSULTANT will submit plans to
the CITY for review, and the CITY will submit the plans to WSDOT for review.
CONSULTANT will respond to review comments from the CITY and WSDOT. Draft submittals will
be delivered electronically in PDF format, and final signed and sealed channelization plans will be
submitted on 24x36 inch Mylar.
Subtask 9.1 Assumptions:
2 Draft Submittals are anticipated. The first draft will include AutoTurn movements, and
the second draft will not.
Redesign of the intersections based on recently developed WSDOT requirements is
anticipated.
This task assumes 2 redesigns of the horizontal layouts for all the intersections, based on
WSDOT direction and comments.
Subtask 9.1 Deliverables:
Draft Channelization Plans in PDF format.
Final Channelization Plans on 24x36 inch Mylar, signed and sealed.
Page 68 of 74
City of Pasco, Washington
Exhibit E-1
Oregon Avenue (SR-397) Corridor Traffic Study & Design
CH2M HILL
Employee or Category Hrs. Direct Salary Cost
2 Project Manager 32 76.99$ $2,463.68
4 Sr. Traffic Engineer 101 44.44$ $4,488.44
5 Traffic Engineer 0 -$ $0.00
7 Transportation Engineer 394 47.29$ $18,632.26
8 Utilities/Stormwater Engineer 60 47.29$ $2,837.40
11 Jr. Civil/Structural Engineer 226 25.48$ $5,758.48
20 CADD Designer 612 21.63$ $13,237.56
21 Project Acct/Procurement 15 38.35$ $575.25
22 Administrative Assistant 1 28.78$ $28.78y
Labor Hours (See Attached Labor Summary) 1,469 $49,304.25
Direct Salary Cost $49,304.25
Direct Salary Escalation Cost (estimated)
N/A 0%$0.00
Total Direct Salary Cost $49,304.25
Overhead Cost @ 114.16% of Total Direct Salary Cost $56,285.73
Fixed Fee @ 30.0% of Total Direct Salary Cost $14,791.28
Total Overhead & Fixed Fee Cost $71,077.01
Total Labor Cost $120,381.26
Direct Expenses
No. Each Cost
Reports 0 $0.05 $0.00
Misc. copies 0 $0.05 $0.00
Reprographics 20 $40 $520.00
Mail/Deliveries/etc. 0 $15 $0.00
Mileage 0 Mi. @ $0.535 /Mile $0.00
Auto Rental/Gasoline 2 days @ $85 /day $170.00
Lodging 0 days @ $110 /day $0.00
Aerial Photographs 0 $3,000 $0.00
Travel Total (airfare, train, etc) 0 $500 $0.00
Equipment Rentals, EDM, GPS 0 $50 $0.00
Parking 0 $30 $0.00
Per Diem 0 days @ $75 /day $0.00
Drilling 0 $4,500.00 $0.00
Excavating/Test Pit 0 $2,000.00 $0.00
Materials Lab 0 $600.00 $0.00
Total Expenses $690.00
Subcontracts
Bernardo | Wills Architects $336.21
Total Subcontracts $336.21
Total Lump Sum Price (Labor, Expenses, Subcontracts) $121,407
Page 1 of 6 Page 69 of 74
TaskCH2M HILL HoursCH2M HILL Labor SubcontractsExpense TotalOverall TotalTASK 1 - PROJECT MANAGEMENT AND COORDINATION59 $8,508 $0 $170 $8,678TASK 3 - FINAL ROADWAY DESIGN859 $71,047 $336 $0 $71,383TASK 6 - RIGHT-OF-WAY PLANS47 $4,352 $0 $400 $4,752TASK 9 - CHANNELIZATION PLANS504 $36,475 $0 $120 $36,595Total 1469 $120,381 $336 $690 $121,407Subs/Expenses BreakdownBernardo | Wills Architects 336$ CH2M HILL Expenses 690$ Total 1,026$ LABOR SUMMARY BY TASKPage 70 of 74
City of Pasco, Washington
TASK 1 - PROJECT MANAGEMENT AND COORDINATION
CH2M HILL
Employee or Category Hrs.x Rate =Cost
1 Principal-In-Charge 0 -$ $0.00
2 Project Manager 27 76.99$ $2,078.73
3 Sr. Quality Control 0 -$ $0.00
4 Sr. Traffic Engineer 0 44.44$ $0.00
5 Traffic Engineer 0 -$ $0.00
6 Sr. Civil/Trans Engineer 0 61.68$ $0.00
7 Transportation Engineer 20 47.29$ $945.80
8 Utilities/Stormwater Engineer 0 47.29$ $0.00
9 Lead Geotech Engineer 0 -$ $0.00
10 Sr. Geotech Reviewer 0 -$ $0.00
11 Jr. Civil/Structural Engineer 0 25.48$ $0.00
12 Project Archaeologist 0 30.48$ $0.00
13 Senior Environmental Reviewer 0 -$ $0.00
14 Senior Environmental Scientist 0 56.14$ $0.00
15 Sr. Architectural Historian 0 60.24$ $0.00
16 NEPA Planner 0 65.84$ $0.00
17 Right-of Way Land Surveyor 0 45.80$ $0.00
18 Survey CADD Technician 0 43.61$ $0.00
19 Technical Editor 0 -$ $0.00
20 CADD Designer 0 21.63$ $0.00
21 Project Acct/Procurement 12 38.35$ $460.20
22 Administrative Assistant 0 28.78$ $0.00
23 Senior GIS Analyst 0 -$ $0.00
Total Hrs. 59 $3,484.73
Direct Salary Cost $3,484.73
Direct Salary Escalation Cost (estimated)
NA 0%$0.00
Total Direct Salary Cost $3,484.73
Overhead Cost @ 114.16%of Direct Labor $3,978.17
Fixed Fee @ 30.0%of Direct Labor $1,045.42
Total Overhead & Fixed Fee Cost $5,023.59
Total Direct Salary Cost $8,508.32
Direct Expenses
Reproduction Cost No. Each Cost
Reports 0 $0.05 $0.00
Misc. copies 0 $0.05 $0.00
Reprographics 0 $40 $0.00
Mail/Deliveries/etc. 0 $15 $0.00
Mileage 0 Mi. @ $0.535 /Mile $0.00
Auto Rental/Gasoline 2 days @ $85 /day $170.00
Lodging 0 days @ $110 /day $0.00
Aerial Photographs 0 $0 $0.00
Travel Total (airfare, train, etc) 0 $0 $0.00
Equipment Rentals, EDM, GPS 0 $0 $0.00
Parking 0 $0 $0.00
PerDiem 0 days @ $150 /day $0.00
$170.00
Subcontracts
Bernardo | Wills Architects 0 $0 $0.00
$0.00
Subtotal $170.00
Total $8,678.32
Page 71 of 74
City of Pasco, Washington
TASK 3 - FINAL ROADWAY DESIGN
CH2M HILL
Employee or Category Hrs.x Rate =Cost
1 Principal-In-Charge 0 -$ $0.00
2 Project Manager 5 76.99$ $384.95
3 Sr. Quality Control 0 -$ $0.00
4 Sr. Traffic Engineer 101 44.44$ $4,488.44
5 Traffic Engineer 0 -$ $0.00
6 Sr. Civil/Trans Engineer 0 61.68$ $0.00
7 Transportation Engineer 225 47.29$ $10,640.25
8 Utilities/Stormwater Engineer 60 47.29$ $2,837.40
9 Lead Geotech Engineer 0 -$ $0.00
10 Sr. Geotech Reviewer 0 -$ $0.00
11 Jr. Civil/Structural Engineer 112 25.48$ $2,853.76
12 Project Archaeologist 0 30.48$ $0.00
13 Senior Environmental Reviewer 0 -$ $0.00
14 Senior Environmental Scientist 0 56.14$ $0.00
15 Sr. Architectural Historian 0 60.24$ $0.00
16 NEPA Planner 0 65.84$ $0.00
17 Right-of Way Land Surveyor 8 45.80$ $366.40
18 Survey CADD Technician 0 43.61$ $0.00
19 Technical Editor 0 -$ $0.00
20 CADD Designer 348 21.63$ $7,527.24
21 Project Acct/Procurement 0 38.35$ $0.00
22 Administrative Assistant 0 28.78$ $0.00
23 Senior GIS Analyst 0 -$ $0.00
Total Hrs. 859 $29,098.44
Direct Salary Cost $29,098.44
Direct Salary Escalation Cost (estimated)
NA 0%$0.00
Total Direct Salary Cost $29,098.44
Overhead Cost @ 114.16%of Direct Labor $33,218.78
Fixed Fee @ 30.0%of Direct Labor $8,729.53
Total Overhead & Fixed Fee Cost $41,948.31
Total Direct Salary Cost $71,046.75
Direct Expenses
Reproduction Cost No. Each Cost
Reports 0 $0.05 $0.00
Misc. copies 0 $0.05 $0.00
Reprographics 0 $40 $0.00
Mail/Deliveries/etc. 0 $15 $0.00
Mileage 0 Mi. @ $0.535 /Mile $0.00
Auto Rental/Gasoline 0 days @ $85 /day $0.00
Lodging 0 days @ $110 /day $0.00
Aerial Photographs 0 $0 $0.00
Travel Total (airfare, train, etc) 0 $350 $0.00
Equipment Rentals, EDM, GPS 0 $0 $0.00
Parking 0 $0.00
PerDiem 0 days @ $150 /day $0.00
$0.00
Subcontracts
Bernardo | Wills Architects 1 $336 $336.21
$336.21
Subtotal $336.21
Total $71,382.96
Page 72 of 74
City of Pasco, Washington
TASK 6 - RIGHT-OF-WAY PLANS
CH2M HILL
Employee or Category Hrs.x Rate =Cost
1 Principal-In-Charge 0 -$ $0.00
2 Project Manager 0 76.99$ $0.00
3 Sr. Quality Control 0 -$ $0.00
4 Sr. Traffic Engineer 0 44.44$ $0.00
5 Traffic Engineer 0 -$ $0.00
6 Sr. Civil/Trans Engineer 0 61.68$ $0.00
7 Transportation Engineer 11 47.29$ $520.19
8 Utilities/Stormwater Engineer 0 47.29$ $0.00
9 Lead Geotech Engineer 0 -$ $0.00
10 Sr. Geotech Reviewer 0 -$ $0.00
11 Jr. Civil/Structural Engineer 0 25.48$ $0.00
12 Project Archaeologist 0 30.48$ $0.00
13 Senior Environmental Reviewer 0 -$ $0.00
14 Senior Environmental Scientist 0 56.14$ $0.00
15 Sr. Architectural Historian 0 60.24$ $0.00
16 NEPA Planner 0 65.84$ $0.00
17 Right-of Way Land Surveyor 20 45.80$ $916.00
18 Survey CADD Technician 0 43.61$ $0.00
19 Technical Editor 0 -$ $0.00
20 CADD Designer 16 21.63$ $346.08
21 Project Acct/Procurement 0 38.35$ $0.00
22 Administrative Assistant 0 28.78$ $0.00
23 Senior GIS Analyst 0 -$ $0.00
Total Hrs. 47 $1,782.27
Direct Salary Cost $1,782.27
Direct Salary Escalation Cost (estimated)
NA 0%$0.00
Total Direct Salary Cost $1,782.27
Overhead Cost @ 114.16%of Direct Labor $2,034.64
Fixed Fee @ 30.0%of Direct Labor $534.68
Total Overhead & Fixed Fee Cost $2,569.32
Total Direct Salary Cost $4,351.59
Direct Expenses
Reproduction Cost No. Each Cost
Reports 0 $0.05 $0.00
Misc. copies 0 $0.05 $0.00
Reprographics 10 $40 $400.00
Mail/Deliveries/etc. 0 $15 $0.00
Mileage 0 Mi. @ $0.535 /Mile $0.00
Auto Rental/Gasoline 0 days @ $85 /day $0.00
Lodging 0 days @ $110 /day $0.00
Aerial Photographs 0 $0 $0.00
Travel Total (airfare, train, etc) 0 $0 $0.00
Equipment Rentals, EDM, GPS 0 $0 $0.00
Parking 0 $0 $0.00
PerDiem 0 days @ $0 /day $0.00
$400.00
Subcontracts
Bernardo | Wills Architects 0 $0 $0.00
$0.00
Subtotal $400.00
Total $4,751.59
Page 73 of 74
City of Pasco, Washington
Channelization Plans
CH2M HILL
Employee or Category Hrs.x Rate =Cost
1 Principal-In-Charge 0 -$ $0.00
2 Project Manager 0 76.99$ $0.00
3 Sr. Quality Control 0 -$ $0.00
4 Sr. Traffic Engineer 0 44.44$ $0.00
5 Traffic Engineer 0 -$ $0.00
6 Sr. Civil/Trans Engineer 0 61.68$ $0.00
7 Transportation Engineer 138 47.29$ $6,526.02
8 Utilities/Stormwater Engineer 0 47.29$ $0.00
9 Lead Geotech Engineer 0 -$ $0.00
10 Sr. Geotech Reviewer 0 -$ $0.00
11 Jr. Civil/Structural Engineer 114 25.48$ $2,904.72
12 Project Archaeologist 0 30.48$ $0.00
13 Senior Environmental Reviewer 0 -$ $0.00
14 Senior Environmental Scientist 0 56.14$ $0.00
15 Sr. Architectural Historian 0 60.24$ $0.00
16 NEPA Planner 0 65.84$ $0.00
17 Right-of Way Land Surveyor 0 45.80$ $0.00
18 Survey CADD Technician 0 43.61$ $0.00
19 Technical Editor 0 -$ $0.00
20 CADD Designer 248 21.63$ $5,364.24
21 Project Acct/Procurement 3 38.35$ $115.05
22 Administrative Assistant 1 28.78$ $28.78
23 Senior GIS Analyst 0 -$ $0.00
Total Hrs. 504 $14,938.81
Direct Salary Cost $14,938.81
Direct Salary Escalation Cost (estimated)
NA 0%$0.00
Total Direct Salary Cost $14,938.81
Overhead Cost @ 114.16%of Direct Labor $17,054.15
Fixed Fee @ 30.0%of Direct Labor $4,481.64
Total Overhead & Fixed Fee Cost $21,535.79
Total Direct Salary Cost $36,474.60
Direct Expenses
Reproduction Cost No. Each Cost
Reports 0 $0.05 $0.00
Misc. copies 0 $0.05 $0.00
Reprographics 1 $120 $120.00
Mail/Deliveries/etc. 0 $15 $0.00
Mileage 0 Mi. @ $0.535 /Mile $0.00
Auto Rental/Gasoline 0 days @ $85 /day $0.00
Lodging 0 days @ $110 /day $0.00
Aerial Photographs 0 $0 $0.00
Travel Total (airfare, train, etc) 0 $0 $0.00
Equipment Rentals, EDM, GPS 0 $0 $0.00
Parking 0 $0 $0.00
PerDiem 0 days @ $150 /day $0.00
$120.00
Subcontracts
Bernardo | Wills Architects 0 $0 $0.00
$0.00
Subtotal $120.00
Total $36,594.60
Page 74 of 74