HomeMy WebLinkAbout2018.02.12 Council Workshop PacketWorkshop Meeting
AGENDA
PASCO CITY COUNCIL
7:00 p.m.
February 12, 2018
Page
1. CALL TO ORDER:
2. ROLL CALL:
(a) Pledge of Allegiance
3. VERBAL REPORTS FROM COUNCILMEMBERS:
4. ITEMS FOR DISCUSSION:
(a) Tri-City Union Gospel Mission New Men's Facility Update
Presented by Andrew Porter, Executive Director, Tri-City Union Gospel
Mission
(b) Engineering Construction Inspection Presentation
Presented by Kent McCue, Construction Manager
3 - 4 (c) Homeless Provisions
5 - 7 (d) Request to Sell City Property
8 - 11 (e) Professional Services Agreement with JUB Engineers for Lewis Street
Overpass, No. 13007
12 - 15 (f) Inclusivity Commission
16 - 27 (g) Purchasing Authority
28 - 44 (h) Community Identity – Logo Development
45 - 46 (i) Council Communications and Phones
47 - 58 (j) Councilmember Use of Social Media
5. MISCELLANEOUS COUNCIL DISCUSSION:
Page 1 of 58
Workshop Meeting February 12, 2018
6. EXECUTIVE SESSION:
7. ADJOURNMENT.
REMINDERS:
a. 11:45 a.m., Monday, February 12, Red Lion – Pasco Chamber of Commerce
Membership Luncheon. (Tuyen Manikhoth, Department of Labor &
Industries, presenting “Paid Sick Leave Information”)
b. 1:30 p.m., Tuesday, February 13, City Hall – Auditor’s Exit Conference
(COUNCILMEMBER RUBEN ALVARADO)
c. 3:00 p.m., Tuesday, February 13, 723 The Parkway – Public Market Board
Meeting. (COUNCILMEMBER CRAIG MALONEY, Rep.; RUBEN
ALVARADO, Alt.)
d. 5:00 p.m., Tuesday, February 13, 800 W. Court Street – Tri-Cities
Community Health New CEO Welcome Reception. (COUNCILMEM BERS
BLANCHE BARAJAS, CRAIG MALONEY and DAVID MILNE)
e. 7:00 a.m., Thursday, February 15, Pasco Red Lion – 19th Annual Tri-Cities
Regional Economic Outlook Forum. (COUNCILMEMBERS CRAIG
MALONEY and DAVID MILNE)
f. 4:00 p.m., Thursday, February 15, 7130 W. Grand ridge – Tri-Cities National
Park Committee Meeting. (MAYOR MATT WATKINS)
g. 11:30 a.m., Friday, February 16, El Chapalla, 107 E. Columbia Drive,
Kennewick – Benton-Franklin Council of Governments Board Meeting.
(COUNCILMEMBER BLANCHE BARAJAS, Rep.; RUBEN
ALVARADO, Alt.)
This meeting is broadcast live on PSC-TV Channel 191 on Charter Cable and
streamed at www.pasco-wa.gov/psctvlive.
Audio equipment available for the hearing impaired; contact the Clerk for assistance.
Page 2 of 58
AGENDA REPORT
FOR: City Council February 5, 2018
TO: Dave Zabell, City Manager Workshop Meeting: 2/12/18
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Homeless Provisions
I. REFERENCE(S):
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
After many years of decline, homelessness in Washington is growing despite significant investment and
efforts to reduce it over the last decade. Factors contributing to this rise include escalating housing costs,
inadequate mental health and chemical dependency treatment systems, inadequate coordination of
prevention efforts and levels of funding on the local, state and federal government levels. Homelessness
is a regional issue that is not confined to any particular city or county and is an issue that presents
complex difficulties. Solving this issue is next to impossible by any single provider of government
services.
The cost of homelessness to taxpayers is significant in terms of increased police calls, emergency room
visits and locally-funded homeless services. There are also indirect costs resulting from homeless
services on public perception when those services are provided in business districts.
Statewide - many communities have experienced land use conflicts with homeless services and
revitalization efforts - including neighboring communities here in our area. In March of 2017, City
Council adopted an ordinance prohibiting unauthorized camping subject to the availability of alternative
accommodations -however this prohibition applies only to parks and other public locations.
Both state and federal law allow discretion to religious organizations that provide services for the
homeless (including homeless shelters) and the needy as part of their core mission on property that is
owned or controlled by them. In effect - this establishes a limited "pre-emption" of full local control of
land use issues involving establishing and conducting homeless facilities or se rvices.
V. DISCUSSION:
Both legal and municipal authorities recommend that communities prepare ordinances that detail the
Page 3 of 58
requirements for religious organizations that wish to sponsor homeless shelters or encampments - before
the community is faced with an immediate application for a shelter. Municipalities cannot necessarily
deny religious organizations from establishing shelters or encampments, but they can be reasonably
regulated. The regulations would be driven by conformance with state and local law that protect public
interest, health and safety.
In researching municipalities that have established standards for regulating such facilities a potential
ordinance could include at least the following provisions relating to such shelters or encampment s:
• limiting the siting of such facilities on property owned or controlled by the religious
organization;
• requirement to meet appropriate setbacks, buffering and other standards;
• limiting such facilities to specific zoning districts;
• limiting the maximum number of residents;
• requiring a minimum age for residents, e.g. eighteen;
• establishing a code of conduct to include include prohibitions on illegal drugs, alcohol,
weapons, loitering and other behaviors;
• conformance with state and local standards relating to drinking water, human and solid waste
disposal, electric systems and fire systems;
• the conduct of appropriate background and identification checks (ie; sex offenders and
outstanding warrants) by the religious organization;
• conformance to a minimum distance between other shelters or encampments;
• conformance with a maximum time period for the duration of a shelter or encampment -
including a separation period between such time periods; and
• irrevocable permission for the City to abate the use and reimburse ment for those costs if the
shelter or encampment is noncompliant with conditions of the ordinance or permit.
This subject is sensitive and complex and does not lend itself to easy resolution. Staff recommends
Council consider and discuss the background and information above to provide direction for further staff
efforts.
Page 4 of 58
AGENDA REPORT
FOR: City Council February 6, 2018
TO: Dave Zabell, City Manager Workshop Meeting: 2/12/18
FROM: Stan Strebel, Deputy City Manager
Executive
SUBJECT: Request to Sell City Property
I. REFERENCE(S):
Vicinity Map
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
The City has received inquiries from two interested parties, regarding a property which
is located between Lewis Street and ‘A’ Street and east of Heritage Blvd (see attached
vicinity map) as to whether it is willing to sell the parcel.
The property is 3.12 acres (Parcel A on the attached) and is zoned R-1A (allows
manufactured homes on individual lots). Adjacent owners, Howard and Susan Rowell,
control parcels to the north, east and south of the City’s parcel. Their total holdings in
this area, 8.3ac, are shown on the map. Rowells’ property to the south is zoned C -1,
the property to the north and west is zoned R-T, residential transition. Planned use is
for the construction of commercial warehouses, according to Mr. Rowell, however, he
has also indicated the possibility that he may sell the property for the construction of a
mobile home sales office and park.
The property is also the subject of interest by Susie White who has also contacted the
City with an interest in acquiring the property in order to build a mobile home park and
sales facility.
It should be noted that the City owns three other parcels, (2.25ac, 2.77ac and 1.51ac) to
the north of the subject property, as shown on the map.
Page 5 of 58
Both of the interested buyers have been invited to the meeting to expand on their
requests and to answer any questions.
The City has not procured an appraisal on the property until it is determined if Council
is willing to offer the property for sale. If the City is willing to sell the real property,
the method of sale should be determined; either with sealed bids or by negotiated sale.
Often, when an adjacent owner is interested, assuming the offered price is reasonable
and the proposed use satisfactory, negotiated sales may be preferable, assuming
disposal of the property is approved by Council. Negotiation may also be conducted
with two different parties simultaneously. While sealed bids may be an alternative,
typical experience suggests that unless a property is in unusually high demand and
profile, it may be difficult to secure many bids for a property within the typically
narrow (say 30 days) window that might be offered for a competitive process.
While the law allows the Council to consider the price of real estate, considering
different value-related factors, in executive session, the identification of the factors and
the method of sale must be done in an open meeting.
V. DISCUSSION:
In the event that Council desires to consider factors of influence in the decision to sell
and the price, if applicable, staff offers the following:
1. Does the City have an identified need for the properties?
2. Is the timing right for sale of the properties?
3. To what extent are the intended uses beneficial to the City?
4. How would the intended uses impact the surrounding neighborhoods, and the
City's overall Comprehensive Plan?
5. Are there restrictions, beyond those encompassed by existing City land use
codes, which the City may want to impose as a condition of sale for the parcel?
As a starting point, staff suggests that Council determine if the property should be
offered for sale and if so, under which method should sale proceed? Council should
discuss the primary factors used to determine price. Assuming that sale is agreeable,
the following are suggested: proposed use and timetable for development. Council can
later discuss the price in executive session, which would likely be most productive
following the completion of an appraisal.
Page 6 of 58
RT
C-1
C-1
RT
C-1
RT
R-2
R-1-A
C-3,I-1
R-1-A
R-2
A
LEWIS
CEDARHERITAGEANACONDAAVERYHEL ENA
BUTTE
ALVINA
PAZ
ALTON
LUNA
KALISPELL
POLSONFALLONBLA INE
RON AN
HELENA
ALVINA
OWNERSHIP
CITY OF PASCO
HOWARD A & LINDA S ROW ELL
1.51 ac
2.77 ac
+/- 8.3 ac
A3.12 ac
City Property Along Heritage Blvd
2.29 ac
Page 7 of 58
AGENDA REPORT
FOR: City Council January 16, 2018
TO: Dave Zabell, City Manager Workshop Meeting: 2/12/18
FROM: Dan Ford, City Engineer
Public Works
SUBJECT: Professional Services Agreement with JUB Engineers for Lewis Street
Overpass, No. 13007
I. REFERENCE(S):
Vicinity Map
Consultant Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
Project Estimate:
Design Engineering* $1,500,000
Environmental Update $500,000
Railroad Costs $700,000
Construction Phase $24,500,000
Total Cost $27,200,000
Funding Source:
Connecting Washington Partnership $15,000,000
Pursuing Funding $12,200,000
Total Funds $27,200,000
*Paid from Connecting Washington Funds
IV. HISTORY AND FACTS BRIEF:
Over the past 15 years, a significant effort has been expended toward the successful
completion of the Lewis Street Overpass Project. This project will replace an
undercrossing of the BNSF Railyard that was constructed in 1937 and has had few
modifications or modernizations over the years. The structure is in poor condition and
Page 8 of 58
due to its location under a very busy railyard presents a public safety and security
concern. Lewis Street is a key east-west connection in the City for transit, schools,
social services, emergency services, and the efficient movement of freight and goods.
The existing structure requires constant maintenance and does not allow for ADA
pedestrian or bicycle access.
The City, with support from the region, BNSF and other stakeholders have prioritized
replacement of the undercrossing with an overcrossing structure that would provide
greater flexibility, capacity, as well as improved mobility for pedestrians, and even
more importantly, safety. Replacement of the structure would also greatly enhance
connectivity in downtown Pasco for those segments of the community relying on on
this connection for access to downtown goods and services. The proposed overcrossing
will accommodate bike, transit, pedestrians, trucks and auto movements. As a regional
priority, the City has conducted design and environmental studies and has purchased
and prepared right-of-way for the project. Finally, the City has acquired local, State and
Federal funding to support replacing the undercrossing, including a recent commitment
of $15 million as part of a new state funding program.
V. DISCUSSION:
Under guidance from Washington State Department of Transportation (WSDOT) and
the Federal Highway Administration (FHWA), staff have prepared an agreement to
revisit services with J-U-B Engineers, Inc. of Kennewick, WA for re-design, who
originally prepared a design in 2011. This agreement focuses on re-sizing efforts and
will give priority for emergency vehicles (1st Street undercrossing) as well as provide a
design that gives this entry point to our downtown proper treatment while "right-
sizing" our efforts.
Staff has received a scoping in the amount of $1,364,800 to complete this task. Staff
recommends approval and requests the City Manager be authorized to sign the
Professional Services Agreement with J-U-B Engineers, Inc.
Page 9 of 58
Page 10 of 58
Professional Services Agreement
(Summary Sheet)
Project:
Consultant:
Address:
Scope of Services:
Term: Completion Date:
Payments to Consultant:
☐ Hourly Rate: $
☐ Fixed Sum of: $
☐ Other:
Insurance to be Provided:
1.Commercial General Liability:
☐ $1,000,000 each occurrence;
☐ $2,000,000 general aggregate; or
☐ $________ each occurrence; and $________ general aggregate
2.Professional Liability:
☐ $1,000,000 per claim;
☐ $1,000,000 policy aggregate limit; or
☐ $________ per claim; and $________ per policy aggregate limit
Other Information:
Signature by:
☐ Mayor
☐ City Manager
J-U-B Engineers, Inc.
Lewis Street Overpass, No. 13007
2810 W. Clearwater Ave., Ste 201, Kennewick, WA
December 31, 2021
x Cost plus fixed fee not to exceed $1,364,800
x
x 1,364,800
4 years
Re-design of the Lewis Street Overpass, focusing on re-sizing efforts, giving
priority for emergency vehicles, as well as providing a design that give s propert treatment to the
downtown entry point while "right-sizing" our efforts.
1,000,000 2,000,000x
Page 11 of 58
AGENDA REPORT
FOR: City Council February 7, 2018
TO: Dave Zabell, City Manager Workshop Meeting: 2/12/18
FROM: Stan Strebel, Deputy City Manager
Executive
SUBJECT: Inclusivity Commission
I. REFERENCE(S):
Draft Resolution
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
At the meeting of January 22, Council discussed the topic of inclusivity in terms of a
statement by the City as well as an effort to promote the principles of inclusive
government through a citizen's commission
A committee consisting of Councilmembers Barajas, Alvarado and Serrano was
appointed to further refine and bring recommendations back to the Council.
The work of the committee, attached as a proposed resolution, provides both a
statement of City Council goals and a framework for the establishment of the
Inclusivity Commission.
V. DISCUSSION:
The committee is in agreement on the resolution and requests review by the full City
Council.
Page 12 of 58
Inclusivity Commission Resolution
Page 1
RESOLUTION NO. _______
A RESOLUTION of the City of Pasco, Washington establishing an
Inclusivity Commission to provide recommendations to the City Council for
implementation by staff for City-wide inclusivity improvements.
WHEREAS, the City of Pasco has historically been the home for diverse cultures within our
region, creating its unique character and opportunities, as well as a source of pride for all who live
here; and
WHEREAS, the City Council of the City of Pasco desires to protect and encourage our
diverse culture, as well as to protect the constitutional rights of its citizens, including the right to be
free of discriminatory practices and the fair application of law and to demonstrate that Pasco is a
welcoming and inclusive City, where laws apply equally to all who live here, and where individuals,
families and businesses are welcome; and
WHEREAS, the City Council of the City of Pasco is honored to serve the entire community,
and seeks to provide equal protection to our residents and access to all of the City’s services to those
that live here; and
WHEREAS, Article I, Section I of the Washington Constitution declares that “governments
derive their just powers from the consent of the governed, and are established to protect and maintain
individual rights”; and
WHEREAS, the Washington State Legislature has e stablished the “Washington Law
Against Discrimination” which declares the “right to be free from discrimination because of race,
creed, color, national origin, sex, honorably discharged veteran or military status, sexual orientation,
or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or
service animal by a person with a disability is recognized as and declared to be a civil right”; and
WHEREAS, the Pasco City Council, by oath, declares to uphold and support the
Constitution and laws of the State of Washington, and hereby reaffirms its support to do so for equal
benefit of all those who live here; and
WHEREAS, the Pasco City Council, to advise it in meeting these goals and responsibilities,
desires to create an ad hoc Inclusivity Commission;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, DOES
RESOLVE AS FOLLOWS:
Section 1. Declaration of City Council. The City of Pasco is hereby declared to be an
Inclusive City, committed to embracing diversity and promoting equality among our work force,
residents, businesses, and visitors and, hereby establishes an ad hoc Inclusivity Commission to
provide recommendations to the City Council for implementation by staff for City-wide inclusivity
improvements.
Section 2. Establishment of Pasco Inclusivity Commission. The City Council hereby
establishes a citizen ad hoc commission to be known as the “Pasco Inclusivity Commission.” The
City Council further directs the City Manager to develop a charter for the Pasco Inclusivity
Page 13 of 58
Inclusivity Commission Resolution
Page 2
Commission to be submitted to the City Council for adoption within sixty (60) days of the date of the
passage of this Resolution.
Section 3. Mission of Inclusivity Commission. The primary mission of the Pasco
Inclusivity Commission is to assist the Pasco City Council in promoting inclusivity in Pasco. The
Commission shall conduct such activities, including public hearings, to identify means to promote
and embrace diversity and inclusivity and to make such recommendations to the City Council for
action, education, and guidance to foster an environment that includes, accepts, respects and
appreciates all members of our community.
Section 4. Selection of Inclusivity Commission. The Pasco Inclusivity Commission shall
consist of seven (7) voting members. The Mayor shall appoint the members of the commission with
confirmation of the appointments by the Pasco City Council as follows:
1. The Commission Chairperson shall be selected by the City Council who shall conduct the
meetings of the Commission and report to the Pasco City Council as requested or
provided below.
2. A Vice-Chair selected by a majority of the Commission shall fulfill the duties of the
Chairperson in absence of the Chairperson.
3. In appointing members of the Commission, the City Council will strive to select such
members to represent the general population in age, gender, race, ethnicity, sexual
orientation and national origin.
4. The term for service shall be one (1) year, and may be subject to reappointment.
5. The commission members or vacancies shall be in accordance with PMC 2.58.010.
6. The majority rule shall control commission meetings with each member having a single
vote.
7. Commission members may not assign or grant proxies for their voting rights.
8. The City Council may appoint a City Councilmember to serve as a non -voting liaison to
the commission. The City Council may direct the City Manager to appoint a staff advisor
who shall serve as a non-voting liaison to the commission.
Section 5. The Commission. The requirements of the commission will be as follows:
1. Meet one time per month at the date and time determined by the commission, or more
often as may be necessary.
2. Develop a working plan and procedures in accordance with the Council adopted Charter.
3. Report to the City Council as progress occurs; however, not less than an annual report to
the City Council.
4. All Commission Meetings shall be open to the public.
Page 14 of 58
Inclusivity Commission Resolution
Page 3
5. All Commission members must be residents who have lived within the Pasco City limits
for at least one (1) year, or have a currently licensed business, operating within the City.
6. The Commission will issue special reports at the request of the City Council at any time
during its sitting.
7. The Commission will be an advisory board to the City Council.
Section 6. Goals of Inclusivity Commission. The goals of the Pasco Inclusivity
Commission are as follows:
1. Examine the practices and procedures of the City of Pasco to identify strategies to create
a greater feeling of inclusion and welcoming for all who live and work in Pasco.
2. Engage with Pasco residents, interest groups, and businesses, seeking feedback on their
experiences that can improve life in our community.
3. Identify strategies that help the City to be more inclusive in engaging our residents and
businesses that will better promote unity, equality and understanding in Pasco.
4. Identify funding strategies to implement these goals.
5. Present recommendations to the Pasco City Council on how to achieve the goals above.
Section 7. Celebration of Diversity. The Commission shall provide the City Council
with a report on opportunities to recognize and celebrate Pasco’s diverse culture.
Section 8. This Commission shall expire within twenty-four (24) months of the date of
this Resolution unless extended by a majority vote of the Pasco City Council no less than ninety (90)
days prior to the date of expiration. If so extended, the term shall be extende d by such period as
determined by the City Council.
Section 9. Effective Date. This Resolution shall be effective upon approval.
PASSED by the City Council of the City of Pasco this ______ day of ________________,
2018.
CITY OF PASCO
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
Daniela Erickson, City Clerk Leland B. Kerr, City Attorney
Page 15 of 58
AGENDA REPORT
FOR: City Council December 29, 2017
TO: Dave Zabell, City Manager Workshop Meeting: 2/12/18
FROM: Stan Strebel, Deputy City Manager
Executive
SUBJECT: Purchasing Authority
I. REFERENCE(S):
Applicable Code Sections on Purchasing
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
While the City has a number of Municipal Code provisions (as well as state statute
requirements) for purchasing materials, goods and services, it currently lacks a
comprehensive purchasing policy. There are a number of special purchasing
requirements (i.e., public works projects) which can make for a confusing and
sometimes overlapping array of procurement regulations.
The 2018 budget includes a new position in the Finance Department with the title
"Procurement Specialist." It is staff's goal to provide for better oversight and direction
in City purchases, in addition to capturing savings due to efficiency and economies of
scale and volume purchasing through the new position.
The development of a clear, comprehensive purchasing policy will facilitate t he work
of the Procurement Specialist in the accomplishment of these goals.
One of the fundamental questions that must be addressed in any purchasing policy is
the dollar limits of authority. As the City Council grants the City Manager authority to
spend or make purchases up to a certain dollar limit, the Manager may also set limits
on the authority of Department Directors or Managers, etc., to make purchases.
Page 16 of 58
As Council will note from the sections of the Pasco Municipal Code, which are
attached, the purchase authority currently granted to the City Manager ranges from
$35,000 to $100,000, depending on the type of purchase. Staff suggests that a uniform
limit would greatly simplify decision making and reporting. Staff is in the process of
writing a new purchasing policy and direction on a uniform limit of purchase authority
would facilitate that effort.
The State of Washington has set special procedures for Small (Public) Works Projects
(see PMC 14.11.010) where the estimated cost of the project does not exceed
$300,000. Under this limit, the City is authorized to use procedures, other than formal
sealed bidding, to procure goods and services for projects.
Staff suggests that this same limit be the purchase authority granted to the City
Manager, provided that there is budget authorization for the purchase and, provided
that, for purchases over $100,000, the City Manager report the purchase to the City
Council at the next regular meeting of the Council.
V. DISCUSSION:
The proposed higher limit would not diminish Council authority as that authority rests
in the budgetary appropriation approved by Council as part of the budget process, nor
does it diminish Council's accountability role as the matter would be reported at the
next regular meeting and in the case of small capital projects Council would retain final
acceptance of the completed project.
The primary benefit of the proposed higher limit is that it would allow for an
expedited; start to small capital projects and purchase of large equipment or supplies
(mostly construction related) of one to two and sometimes as much as three weeks,
which can often be critical.
Staff will appreciate Council's discussion and direction on this proposal. With
direction, staff will prepare the appropriate documents for formal action.
Page 17 of 58
CHAPTER 2.56 SELECTION OF ARCHITECTURALAND ENGINEERING
CONSULTANTS
Sections:
2.56.010 NOTICEOF CITY'S REQUIREMENTSFOR ARCHITECTURALAND
ENGINEERINGSERVICES....................................
....................................
....
..67
2.56.020 CONTRACTSOVER THIRTY-FIVE($35,000)THOUSANDDOLLARS....67
2.56.030 DIRECTOR'SRECOMMENDATIONTO CITY MANAGER.....................67
2.56.040 RECOMMENDATIONTO CITYCOUNCIL.................................
........
..68
2.56.050 CONTRACTSUNDERTHIRTY-FIVE($35,000)THOUSANDDOLLARS.68
2.56.010 NOTICE OF CITY'S REQUIREMENTSFOR ARCHITECTURALAND
ENGINEERINGSERVICES.Periodically,but not less often than once every two years,
the Director of Public Works,the Director of Parks and Recreation,and the Director of
Community Development shall give notice of the City's projected requirements for
architectural and engineering services to the City Manager who shall convey said notice
to the public and to the architectural and engineering professional communities
throughout Washington State.Such notice shall encourage ?rms engaged in the
practice of engineering and architecture to submit annually a statement of qualifications
and performance data for consideration in selection of consultants to provide services to
the City.
2.56.020 CONTRACTSOVER THIRTY-FIVE($35,000)THOUSAND DOLLARS.In
the case of each project to be undertaken by the City which will require architectural or
engineering services which are likely to cost in excess of thirty-?ve ($35,000)thousand
dollars,the Director of Public Works,the Director of Parks and Recreation,or the
Director of Community Development,as the case may be,after receiving the approval
of the City Manager,shall solicit written proposals from a minimum of ?ve ?rms,which,
based upon the statements of qualifications on ?le with the City and other available
information,appear to be the most quali?ed ?rms to provide the particular services
required.Each written proposal shall include the following:
A)Evidence of the ?rm’s current ability to provide the required services;
B)A proposed scope of work to be provided;
C)A discussion of the relative utility of alternative methods of approach for
furnishing the required services;
D)A current statement of references and any other information that will be
helpful in evaluating the applicants’qualifications for the proposed project.
2.56.030 DIRECTOR'SRECOMMENDATIONTO CITY MANAGER.After receiving
and reviewing the written proposals,the Department Director shall submit his
recommendations to the City Manager as to the ranking of the most qualified providers
of the required services and as to a fair and reasonable price for said services.The City
Manager shall consider the recommendation of the Department Director and the written
proposals and if he/she is in agreement with the determination of the most quali?ed
PMCTitle 2 5/1/2017 67
Page 18 of 58
provider of the needed services,may authorize the Department Director to enter into
negotiations with the most quali?ed provider in the effort to secure an offer for
provision of the services at a price not exceeding the price determined to be fair andreasonable.
2.56.040 RECOMMENDATIONTOCITY COUNCIL.Once an acceptable offer hasbeenobtained,the Department Director through the City Manager shall forward his
recommendations regarding the offer to the City Council which may authorize finalawardofthecontract.
2.56.050 CONTRACTSUNDER THIRTY—FIVE($35,000)THOUSANDDOLLARS.
In the case of City projects requiring architectural and/or engineering services whichareanticipatedtocostlessthanthirty-?ve ($35,000)thousand dollars,the DepartmentDirectorshallsolicitproposalsfromqualifiedprovidersofsuchservicesandshalldeterminethemostquali?ed applicant and a fair and reasonable price,and shall
attempt to negotiate a contract in accordance with said determination and shall submitthecontracttotheCityManagerfor?nal approval.(Ord.4191,2014).
PMC Title 2 5/1/2017 68
Page 19 of 58
CHAPTER 3.85 PURCHASING
Sections:
3.85.010 PURCHASEOF MATERIALS,SUPPLIESOR EQUIPMENTIN AN AMOUNT
OF LESS THAN $35,000,NOT CONNECTEDTO A PUBLICWORKSPROJECT.....61
3.85.020 PURCHASEOF MATERIALS,SUPPLIESOR EQUIPMENTIN AN AMOUNT
BETWEEN$35,000 AND $100,000,NOT CONNECTEDTO A PUBLICWORKS
PROJECT...................................
...................................
..............................
..61
3.85.030 PURCHASEOF SERVICES................................
...............................
..62
3.85.010 PURCHASEOF MATERIALS,SUPPLIESOR EQUIPMENTIN AN AMOUNT
OF LESS THAN$35,000,NOT CONNECTEDTO A PUBLICWORKSPROJECT.The City
Manager is authorized to make purchases of any materials,supplies or equipment,not
connected to a public works project as authorized in the City's annual budget with
suf?cient funds available,where the cost will be less than $35,000 for such items,using
such procedures as will best assure the lowest practical price for such items.
3.85.020 PURCHASEOF MATERIALS,SUPPLIESOR EQUIPMENTIN AN AMOUNT
BETWEEN$35,000 AND $100,000,NOT CONNECTEDTO A PUBLICWORKS PROJECT.
For the purchase of any materials,supplies or equipment in an amount between
$35,000 and $100,000,not connected to a public works project,which purchase is
included in the City's current annual budget and suf?cient funds available,in lieu of
informal or formal sealed bidding procedures,the City may use the following process:
A)Publication of Notice.At least twice a year,the City shall cause to be
published,in the City's of?cial newspaper,notice of the existence of roster(s)of
vendors for materials,supplies and equipment,and shall solicit names of vendors for
the roster.The City may contract with Municipal Research and Services Center of
Washington (MRSC rosters)to publish such notices on the City's behalf.
B)Electronic Rosters.In addition to paper and/or electronic vendor lists kept
on ?le in the appropriate City department,the City may also use the statewide
electronic database as developed and maintained for that purpose,including that
database maintained jointly by the Daily Journal of Commerce and the Municipal
Research and Services Center of Washington (MRSCrosters).
C)Telephone Quotations.The City shall use the following process to obtain
telephone quotations from vendors for the purchase of materials,supplies,or
equipment:
1)A written description shall be drafted of the speci?c materials,supplies,
or equipment to be purchased,including the number,quantity,quality,and type
desired,the proposed delivery date,and any other signi?cant terms of purchase;
2)The responsible City staff member shall make a good faith effort to
contact at least three of the vendors on the roster to obtain telephone solicitation
quotations from the vendors for the required materials,supplies,or equipment.
Alltelephone quotations will be con?rmed electronicallyto assure accuracy in the
DFOCESS}
PMCTitle 3 4/17/2017 61
Page 20 of 58
3)The responsible City staff member shall not share telephone
quotations from any vendor with other vendors solicited for the bid on the
materials,supplies,or equipment;
a.A written record shall be made by the City representative of each
vendor's bid on the materials,supplies,or equipment,and of any conditions
imposed on the bid by such vendor.
D)Determining the Lowest Responsible Bidder.The City Manager shall
purchase the materials,supplies or equipment from the lowest responsible bidder;
provided that whenever there is a reason to believe that the lowest acceptable bid is
not the best price obtainable,all bids may be rejected and the City may call for new
bids.In addition to the price,the City may consider the following factors in determining
the lowest responsible bidder:
1)The integrity,reputation,experience,ability and capacity of the
bidder;
2)The quality of the articles to be supplied by the bidder;
3)Preference to Washington products and vendors as permitted by law;
4)Conformity with City standards and compatibility with existing facilities;
5)The quality and ef?ciency of performance of previous contracts;
6)Timing and availability of delivery;and
7)Such other information that may assist in the decision to award the
contract.
E)Award.The responsible City staff member shall submit to the City Manager
all telephone quotations and recommendations for award of the contract to the lowest
responsible bidder.The City Manager shall review the quotation and recommendations
by City staff and award the contract to the lowest responsible bidder.A written record
of each vendor's quotations shall be made open to public inspection or telephone
inquiry after the award of the contract.Any contract awarded under this subsection
need not be advertised.
3.85.030 PURCHASEOF SERVICES
A)Architectural,engineering,surveying or landscape architectural services
shall be procured under the provisions of PMC2.56.
B)The procurement of other professional services,excluding those listed in
sub section (A)shall be at the discretion of the City Manager and may or may not
require advertising and a formal selection process,depending on the type and
availability of such services.
C)The City Manager is authorized to procure services for purposes as
authorized in the City's annual budget with suf?cient funds available,when the cost will
be less than $35,000 for such services,using such procedures as required in this
section,as applicable,or as will best assure the lowest practical price for such services.
(Ord.4191,2014.)
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CHAPTER 14.11 SMALL WORKS ROSTER
Sections:
14.11.005 MRSCROSTERS...........................................
..............................
..10
14.11.010 SMALLWORKSROSTERPROCEDURES..........................10
14.11.02O VENDORLIST ROSTER.......................................
...........
..12
14.11.030 CONSULTINGSERVICESROSTER....................................
............
..14
14.11.005 MRSC ROSTERS.The City has contracted with the Municipal
Research and Service Center of Washington (MRSC)to have their of?cial rosters posted
in the online database for the City's use for small public works contracts,consulting
services,and vendor services developed and maintained by MRSC through MRSC
Rosters.(Ord.4293,2016.)
14.11.010 SMALLWORKS ROSTER PROCEDURES.The following Small Works
Roster procedures are established for use by the City pursuant to RCW 35.22.620 and
RCW 39.04.
A)Cost.The City need not comply with formal sealed bidding procedures for
the construction,building,renovation,remodeling,alteration,repair,or improvement of
real property where the estimated cost does not exceed Three Hundred Thousand
Dollars ($300,000.00),which includes the costs of labor,material,equipment and sales
and/or use taxes as applicable.Instead,the City may use the Small Works Roster
procedures for public works projects as set forth herein.The breaking of any project
into units or accomplishing any projects by phases is prohibited if it is done for the
purpose of avoiding the maximum dollar amount of a contract that may be let using the
Small Works Roster process.
B)Publication.At least once a year,MRSC shall,on behalf of the City,
publish in a newspaper of general circulation within the municipality's jurisdiction a
notice of the existence of the small works roster and solicit the names of contractors for
the small works roster.Responsible and qualified contractors shall be added to an
appropriate roster or rosters at any time that they submit a written request and
necessary records.The City may require master contracts to be signed that become
effective when a speci?c award is made using a Small Works Roster.
C)Electronic Rosters.In addition to paper and/or electronic rosters kept on
file in the appropriate department,the City may also use state-wide electronic data
base developed and maintained for this purpose.
D)Telephone,Written Quotationsor Electronic Quotations.The City shall
obtain telephone,written or electronic quotations for public works contracts from
contractors on the appropriate Small Works Roster to assure that a competitive price is
established and to award contracts to a contractor who meets the mandatory bidder
responsibility criteria in RCW 39.34.350(1).The City may establish supplementary
bidder criteria under RCW 39.34.350(2)to be considered in the process of awarding a
contract.
PMC Title 14 5/16/2016 10
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1)A contract awarded from a Small Works Roster need not be
advertised.Invitations for quotations shall include an estimate of the scope and
nature of the work to be performed as well as materials and equipment to be
furnished.However,detailed plans and speci?cations need not be included in
the invitation.
2)Quotationsmay be invited from all appropriate contractors on the
appropriate Small Works Roster.As an alternative,quotations may be invited
from at least five (5)contractors on the appropriate Small Works Roster who
have indicated the capability of performing the kind of work being contracted,in
a manner that will equitably distribute the opportunity among the contractors on
the appropriate roster.
If the estimated cost of the work is from one hundred and fifty thousand
dollars ($150,000.00)to three hundred thousand dollars ($300,000.00),the City
may choose to solicit bids from less than all the appropriate contractors on the
appropriate Small Works Roster,but must also notify the remaining contractors
on the appropriate Small Works Roster that quotations on the work are being
sought.The City has the sole option of determining whether this notice to the
remaining contractors is made by:
a)Publishing notice in a legal newspaper in general circulation
in the area where the work is to be done.
b)Mailing a notice to these contractors;or
c)Sending a notice to these contractors by facsimile or other
electronic means.
3)For the purpose of this Chapter,“equitably distribute”means that
the City may not favor certain contractors on the appropriate Small Works Roster
over other contractors on the appropriate Small Works Roster who perform
similar services.At the time bids are solicited,the City representative shall not
inform a contractor of the terms or amount of any other Contractor's bid for the
same project.
4)A written record shall be made by the City representative of each
contractor's bid on the project and of any conditions imposed on the bid.
Immediately after an award is made,the bid quotations obtained shall be
recorded,open to public inspection,and available by telephone inquiry.
E)Limited Public Works Process.If work,construction,alteration,or
improvement projects are estimated to cost less than thirty-five thousand dollars
($35,000.00),the City Manager or his designee may award such a contract using the
limited public works process provided under RCW 39.04.155.For limited public works
projects,the City will solicit electronic or written quotations from a minimum of three
(3)contractors from the appropriate Small Works Roster and shall award the contract
to the lowest responsible bidder as de?ned under RCW 39.34.010.After an award is
made,the quotations shall be open to public inspection and available by electronic
request.
The City may use the limited public works process to solicit and award Small
Works Roster contracts to small businesses that are registered contractors with gross
PMC Title 14 5/16/2016 11
Page 23 of 58
revenues under one million dollars ($1,000,000.00)annually as reported on their
Federal Tax Return,and to adopt such additional procedures as to encourage small
businesses that are registered contractors with revenues under two hundred fifty
thousand dollars ($250,000.00)annually as reported on their Federal Tax Return to
submit quotations or bids on Small Works Roster contracts.
For limited public works project,the City may waive the payment and
performance bond requirements of RCW 39.08 and the retainage requirements of RCW
60.28,thereby assuming the liability for the contractor's nonpayment of laborers,mechanics,subcontractors,material suppliers,suppliers,and taxes imposed under Title82RCWthatmaybeduefromthecontractorforthelimitedpublicworksproject.
However,the City shall have the right of recovery against the contractor for any
payments made on the contractor's behalf.
The City shall maintain a list of the contractors contacted and the contracts
awarded during the previous twenty-four (24)months under the limited public worksprocess,including the name of the contractor,the contractor's registration number,the
amount of the contract,a brief description of the type of work performed,and the date
the contract was awarded.
F)Determining Lowest Responsible Bidder.The City shall award the contractforthepublicworksprojecttothelowestresponsiblebidderprovidedthat,wheneverthereisareasontobelievethatthelowestacceptablebidisnotthebestpriceobtainable,all bids may be rejected and the City Council may call for new bids.A
responsible bidder shall be a registered or licensed contractor who meets themandatorybidderresponsibilitycriteriaestablishedbyChapter133,Laws of 2007 (SHB
2010)and who meets any supplementary bidder responsible criteria established by theCity.
G)Award.Allof the bids or quotations shall be collected by the City Managerorhisdesignee.
1)The City Manager or his designee shall then present all bids or
quotations and their recommendation for award of the contract to the City
Council.The City Council shall consider all bids or quotations received,
determine the lowest responsible bidder,and award the contract;or
2)The City Council delegates the authority to award bids to the City
Manager for public works projects costing less than or equal to One Hundred
Thousand Dollars ($100,000.00),the City Manager shall have the authority to
award public works contracts without City Council approval,provided that the
City Council shall ratify the City Manager's approval at the next scheduled City
Council meeting by means of the consent agenda.For public works projects
costing more than One Hundred Thousand Dollars ($100,000.00),the City
Council shall award all public works contracts.(Ord.4293,2016;0rd.3992,
2011.)
14.11.020 VENDORLIST ROSTER.The following vendor list roster proceduresareestablishedforusebytheCitypursuanttoRCW39.04.190.
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A)Purchase of materials,supplies,or equipment not connected to a public
works project.The City is not required to use formal sealed bidding procedures to
purchase materials,supplies,or equipment not connected to a public works projectwherethecostwillnotexceedOneHundredThousandDollars($100,000.00).The City
willattempt to obtain the lowest practical price for such goods and services.
B)Publication.At least twice per year,MRSC shall,on behalf of the City,
publish in a newspaper of general circulation within the municipality's jurisdiction a
notice of the existence of the vendor list roster and solicit the names of vendors for the
vendor list roster.MRSCshall add responsible vendors to the vendor list roster at any
time when a vendor completes the online application provided by MRSC,and meets
minimum State requirements for roster listing.
C)Telephone,Written,or Electronic Questions.The City shall use thefollowingprocesstoobtaintelephoneorwrittenquotationsfromvendorsforthe
purpose of materials,supplies,or equipment not connected to a public works project:
1)A written description shall be drafted of the speci?c materials,
supplies,or equipment to be purchased,including the number,quantity,quality,
and type desired,the proposed delivery date,and any other signi?cant terms of
purchase.;
2)The City Manager,or his designee,shall make a good faith effort to
contact at least three (3)of the vendors on the roster to obtain telephone or
written quotations from the vendors for the required materials,supplies,or
equipment.
3)The City Manager,or his designee,shall not share telephone or
written quotations received from one vendor with other vendors soliciting for the
bid to provide the materials,supplies,or equipment.
4)A written record shall be made by the City Manager,or his
designee,of each vendor's bid on the material,supplies,or equipment,and of
any conditions imposed on the bid by such vendor.
D)Determining the Lowest Responsible Bidder.The City shall purchase thematerials,supplies,or equipment from the lowest responsible bidder,provided thatwheneverthereisreasontobelievethatthelowestacceptablebidisnotthebestpriceobtainable,all bids may be rejected and the City may call for new bids.
E)Award.All of the bids or quotations shall be collected by the CityManager,or his designee.The City Manager,or his designee,shall create a written
record of all bids or quotations received,which shall be made open to public inspection
or telephone inquiry after the award of the contract.Any contract awarded under thissubsectionneednotbeadvertised.
1)The City Manager or his designee shall then present all bids or
quotations and their recommendation for award of the contract to the City
Council.The City Council shall consider all bids or quotations received,
determine the lowest responsible bidder,and award the contract;or
2)The City Council delegates the authority to award bids to the City
Manager for public works projects costing less than or equal to One Hundred
Thousand Dollars ($100,000.00),the City Manager shall have the authority to
PMCTitle 14 5/16/2016 13
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award public works contracts without City Council approval,provided that the
City Council shall ratify the City Manager's approval at the next scheduled City
Council meeting by means of the consent agenda.For public works projects
costing more than One Hundred Thousand Dollars ($100,000.00),the City
Council shall award all public works contracts.
F)Posting.A list of all contracts awarded under these procedures shall be
posted at the City of Pasco’s main administrative of?ces once every two months.The
list shall contain the name of the vendor awarded the contract,the amount of the
contract,a brief description of the items purchased,and the date it was awarded.(Ord.
4293,2016.)
14.11.030 CONSULTINGSERVICESROSTER.The following consulting services
roster procedures are established for use by the City pursuant to RCW 39.80.030:
A)Consulting Services.Consulting services are professional services that
have a primarily intellectual output or product and include architectural and engineering
services as defined in RCW 39.80.020.
B)Publication.At least once a year,MRSC shall,on behalf of the City of
Pasco,publish in a newspaper of general circulationwithin the municipality's jurisdiction
a notice of the existence of the consulting services roster and solicit the names of
consultants for the consulting service roster.MRSCshall add responsible consultants to
the consulting services roster at any time that a consultant completes the online
application provided by MRSC,upload a Statement of Quali?cations,and meets
minimum State requirements for roster listing.
C)Review and Selection of the Statement of Quali?cationsProposals.The
City shall use the following process to select the most quali?ed Architectural or
Engineering ?rm off of the Consulting Services Roster to provide the required services:
1)The criteria of PMC 2.56 shall be considered in evaluating
Architectural or Engineering firms for a given project.Such criteria shall also
include a plan to insure that minority and women-owned firms and veteran-
owned firms are afforded the maximum practicable opportunity to compete for
and obtain public contracts for architectural or engineering services.The level of
participation by minority and women-owned ?rms and veteran—owned ?rms shall
be consistent with their general availability within the jurisdiction of the City.
2)The City Manager,or his designee,shall evaluate the written
statements of qualifications and performance data on ?le with the City at the
time that architectural or engineering services are required.
3)Such evaluations shall be based on the criteria established by the
City Council.
4)The City Manager,or his designee,shall conduct discussions with
one or more ?rms regarding anticipated concerts and the relative utility of
alternative methods of approach for furnishing the required services.
5)The firm deemed most highly quali?ed by the agency to do the
project will be selected.
D)Award.
PMC Title 14 5/16/2016 14
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1)The City Council considers the proposal received and awards the
contract;or
2)If the City Council delegates the authority to award project to the
City Manager of the City of Pasco for consulting services costing less than or
equal to One Hundred Thousand Dollars ($100,000.00),the City Manager shall
have the authority to award contracts for consulting services without the City
Council's approval,provided that the City Council shall ratify the City Manager's
approval at the next scheduled City Council meeting by means of the consent
agenda.For consulting services costing more than One Hundred Thousand
Dollars ($100,000.00),the City Council shall award all contracts for consulting
services.(Ord 4293,2016.)
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AGENDA REPORT
FOR: City Council January 26, 2018
TO: Dave Zabell, City Manager Workshop Meeting: 2/12/18
FROM: Jon Funfar, Communications Specialist
Executive
SUBJECT: Community Identity – Logo Development
I. REFERENCE(S):
City Logo Design Consultant Request for Proposals
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
$30,000 (in 2018 Budget)
IV. HISTORY AND FACTS BRIEF:
The current City logo has been in use for at least 50 years and is long overdue for an update to
best capture the many positive changes (as much as possible in a logo) in Pasco over that time.
Council authorized $30,000 toward development of a new logo as part of the “Community
Identity” goal. The proposed RFP would begin the process of development envisioned as
follows:
1. Selection of Consultant: As noted in the RFP, project staff will select a consultant
based on the criteria listed, based on experience and references, among other factors.
2. Development of Logo: The selected consultant will inventory current uses of the logo
and develop a new logo (along with logo standards) that will be a reflection of our
diverse and unique community. The Consultant needs to recommend an approach
including a public process as follows:
a. Initial meeting with project team,
b. Regular project team meetings
c. Public input which includes taking conceptual logos for public input at 2-3
meetings with community stakeholder groups. Council would also have an
opportunity to weigh in at a Workshop meeting.
3. Implementation of Logo: The Consultant will provide a recommended plan for
Page 28 of 58
implementation of the developed logo, including specific application and estimated
budget figures in the final proposal. Given the potential cost, it would be staff’s
recommendation to phase in a new logo over time as new stationery, new vehicles,
uniforms, etc. are ordered.
V. DISCUSSION:
While the amount of the proposed contract does not require Council approval, staff
wants to keep Council informed and get input on the process.
Staff anticipates the selected consultant would begin work by the end of April.
Page 29 of 58
1
CITY OF PASCO
REQUEST FOR PROPOSALS (RFP)
PROPOSAL DUE DATE: Friday, March 16, 2018, 5 p.m.
LOGO DESIGN CONSULTANT
PROPOSALS MUST BE MAILED OR DELIVERED TO:
City of Pasco
Jon Funfar, Communications Program Manager
525 N. 3rd Avenue
Pasco, WA 99301
IMPORTANT: PLEASE READ ENTIRE DOCUMENT
Per the attached specifications, terms and conditions.
FEIN/SSN (Required) _________________________________________________________________
Federal I.D. Number
COMPANY_________________________________________________________________________
ADDRESS __________________________________________________________________________
CITY/STATE/ZIP_____________________________________________________________________
PHONE ______________________________________FAX___________________________________
AUTHORIZED
SIGNATURE_____________________________________________________________
This is required. Must be in ink.
TYPED/PRINTED
NAME________________________________________________________________
TITLE __________________________________ EMAIL _____________________________________
Signature acknowledges that Proposer: has read the bid documents thoroughly before submitting a
proposal, will fulfill the obligations in accordance to the scope of work or specifications, terms, and
conditions, and is submitting without collusion with any other individual or firm. Do not submit more than
one proposal from your firm or both proposals will be disqualified. Submit proposal with authorized
signature.
POINT OF CONTACT: Jon Funfar, Communications Program Manager, funfarj@pasco-wa.gov, (509)
545-3485.
MUST SUBMIT THIS PAGE (SIGNATURE PAGE) WITH YOUR PROPOSAL
Page 30 of 58
2
CITY OF PASCO
LOGO DESIGN CONSULTANT RFP
Project Overview: The City of Pasco is seeking an experienced Consultant to create a new Pasco logo
to reflect our unique community. Estimated budget $30,000.
Deadline for Questions: Monday, March 12, 2018
Minimum Requirements: Must demonstrate direct experience in logo development. Minimum five
years of experience.
Proposals Due: Friday, March 16, 2018, 5 p.m. to:
City of Pasco
Jon Funfar, Communications Program Manager
525 N. 3rd Avenue
Pasco, WA 99301
Submit sealed proposals: (1) marked original and (5) copies for a total of (6) complete sets. Late receipt
of proposals will not be considered regardless of postmark. No oral, phone, or fax responses will be
accepted as a sealed proposal.
Mark Envelopes: LOGO DESIGN CONSULTANT RFP
Comments: All proposals must be sealed and shall be validated. No proposals will be accepted after
the due date and time. Proposals received after the due opening time will be filed unopened. The City of
Pasco reserves the right to reject any and all proposals or any part and to waive any formalities or
informalities to make an award in the best interest of the City.
RFP Documents: Visit the city website: www.pasco-wa.gov/brandingrfp
Point of Contact: Jon Funfar, Communications Program Manager, funfarj@pasco-wa.gov, (509) 545-
3485
Page 31 of 58
3
PROPOSAL REQUIREMENTS/SELECTION CRITERIA
LOGO DESIGN CONSULTANT
I. INTRODUCTION
A. General
The City of Pasco is located in south-central Washington State, and is one of the three Tri-Cities, along
with Richland and Kennewick. Pasco has experienced rapid residential growth in the 21st century,
growing from a 2000 population of 32,066 to a 2017 population estimate of 71,680. This growth has
occurred hand-in-hand with increasing quality of life, recognized by several independent surveys.
Boasting good schools, health care facilities, faith communities, numerous retail/professional
opportunities, recreational areas, and predominantly good weather, Pasco is a place where people put
down roots and raise families in a safe, forward-thinking, active environment. The City is one of the
youngest cities in the state with an average median age of 28 and is a diverse City with around 56% of
residents identifying as Hispanic.
The City has allocated $30,000 in the 2018 Budget for this project. More information on the City,
including demographic and detailed population information, can be found at www.pasco-
wa.gov/428/History-and-Highlights-of-Pasco.
B. Background
Currently, the primary City identification is the use of the City emblem that has been utilized for at least
50 years. The City of Pasco would like to develop a logo to help market our community consistently and
effectively.
C. Objectives
The purpose of this RFP is to contract with an experienced and qualified individual or firm to provide the
development of a new City logo.
II. SCOPE OF SERVICES
The intended outcome of this new logo process will be the following:
Conduct an Inventory/Audit of current graphics and City logo uses.
Create a new Pasco logo and the key messages that support the logo.
Create core graphic standards for use of logo.
Create logo standards, “Do’s & Don’ts”.
Create Color Standards.
Create Typography Standards.
The creation of a new City of Pasco logo will be at the forefront of City marketing. The City desires the
logo to be reflection of our diverse and unique community. Further, the new logo will not infringe upon
existing protected intellectual property or trademarks and eligible for trademark or intellectual property
protection.
The scope of services will include addressing recommendations on how the new logo can be applied to
the following elements of City services:
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4
Printed Materials:
The Pasco Pulse/El Pulso Newsletter
Parks and Recreation Activities Guide
Maps, brochures, etc.
Meeting Notices
Stationery:
Business Cards
Memorandum Paper
Letterhead/Envelopes
Large Envelopes
Labels
Notepads
Department logos
Forms:
Press Releases
Note Cards
Signage:
Street Signs
Building Signs
Park, Trail and Open Space Signs
Vehicle Graphics
Police/Fire Vehicles
Public Works Vehicles
Parks Vehicles
Miscellaneous Applications:
Photo use
Web site
PSC-TV Channel 191 Logo
Specialty Items, e.g., coffee mugs, tote bags, pens.
Employee Clothing, e.g., t-shirts, polo shirts, sweatshirts.
Employee and Elected Official Name Tags
Economic Development
Project Approach
The Consultant needs to demonstrate an understanding of the Community in the submitted proposals.
Examples are important to include.
The Consultant needs to recommend an approach including a public process as follows:
Initial meeting with project team
Regular project team meetings
Public input which includes taking conceptual logos for public input at 2-3 meetings with
community stakeholder groups. City Council would also have an opportunity to weigh in at a
Council Workshop meeting.
Page 33 of 58
5
Implementation
The Consultant should provide a recommended plan for implementation of the developed logo, including
specific application and estimated budget figures in the final proposal.
Logo
Attached is the current City Logo. It is also available on the City’s
website at www.pasco-wa.gov.
III. SUBMISSION REQUIREMENTS AND EVALUATION CRITERIA
A. Submit to: Provide one marked original and five (5) copies. Total of 6 complete sets.
Address:
City of Pasco
Jon Funfar, Communications Program Manager
525 N. 3rd Avenue
Pasco, WA 99301
Mark outside of envelope: LOGO DESIGN CONSULTANT
Deadline for delivery of proposals is: Friday, March 16, 2018, 5 p.m.
B. Evaluation Criteria
To simplify the review process and to obtain the maximum degree of comparability, the proposal must
follow the outline described below and, at a minimum, contain the required information. Respondents
are encouraged to include additional relevant information.
1. Qualifications of the Firm (25%)
An overview of your company’s history: including detailed information on firm size, number
of employees, years in business, and financial stability
List a minimum of three (3) references (within the past three (3) years). Include contact
name, firm or agency, phone number or email and a summary of the services provided.
2. Experience of Staff or Team (25%)
Identify the team, roles and any sub-consultants
Provide resumes of essential staff assigned to perform services for this project. Include
any government projects of similar nature.
Include experiences (if any) in Washington State
3) Approach (30%)
Demonstrate your understanding of the scope of work, include previous samples and
Page 34 of 58
6
successes
Detail your approach and timelines
Identify any foreseeable challenges in the implementation of this project
Discuss your previous roles in presenting and attending meetings, with the public or City
Council(s)
4) Fee Schedule (20%)
Provide a detail break-down of all fees, including reimbursable expenses. Reimbursable
expenses should be assumed to be billed at cost, without markup. Rates are negotiable.
IV. SELECTION PROCESS
The selection process will involve two stages: 1) written submittals will be evaluated and scored and 2)
oral interviews with the highest-ranking firms.
1. Screening Panel/Short List: Submittals will be evaluated in accordance with the evaluation criteria
above. The panel will review and score the proposals. Firms ranked the highest will be invited to an
oral interview.
2. Oral Interviews: It is anticipated that oral interviews will be conducted April 2-6, 2018. Firms will be
notified in writing of the short list. Short listed firms will receive interview instructions. Key personnel
who will be directly involved with the project should attend the interview. The interview panel will, in
particular, be interested in knowing more about previous experience, project approach and in
meeting the individuals who will act as the primary contacts with City staff.
3. Fee Proposals and Final Selection: The City will attempt to negotiate a contract with the highest
ranked firm following the interview stage.
V. SCHEDULE
The following is the anticipated schedule of events for this RFP process.
Advertisement: February 16
Deadline for Questions: March 12
RFP Due Date: March 16
Interviews: April 2-6
Negotiation of Contract: April 9-20
Start of Work: April 23
VI. CHECK LIST
The following must be included with your submittal in this order:
Signature Page (page 1)
Acknowledge Addendum, if any
Qualifications
Experience
Approach
Fee Schedule
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7
VII. INFORMATION FOR PROPOSERS
1. PROPOSAL OPENING AND AWARD
There is no public opening for this project. Proposals will be examined promptly after
opening.
2. TAXES
Any appropriate taxes shall be shown as a separate item in your Proposal.
3. PROPOSER QUALIFICATIONS
No proposal shall be accepted from and no contract will be awarded to any person, firm or
corporation that is in arrears to the City of Pasco, upon debt or contract that is a defaulter, as
surety or otherwise, upon any obligation to the City or that is deemed irresponsible or unreliable
by the City. If requested, Proposers shall be required to submit satisfactory evidence that they
have a practical knowledge of the this service for which the proposal is submitted and that they
have the necessary financial resources to provide the proposed service called for as described in
this RFP.
4. RIGHT TO INVESTIGATE
The City reserves the right to investigate and confirm the proposer's financial responsibility. This
may include financial statements, bank references and interviews with past consultants,
employees and creditors. Unfavorable responses to these investigations are grounds for
rejection of the proposal.
5. NO COMMITMENT BY CITY OF PASCO
This Request for Proposals does not commit the City of Pasco to award any costs or pay any
costs, or to award any contract, or to pay any costs associated with or incurred in the preparation
of a Proposal in response to this Request, or to procure or contract for services or supplies. In
acceptance of proposals, the City reserves the right to negotiate further with one or more of the
contractors as to any features of their proposals and to accept modifications of the work and price
when such action will be in the best interest of the City. This includes solicitation of a best and
final offer from one or more of the proposers.
6. PROPOSAL REPRESENTATION
Each Proposer must sign the proposal with their usual signature and shall give their full business
address on the form provided in this Proposal. Proposals by partnerships shall be signed with the
partnership name by one of the members or by an authorized representative. Proposals by
corporations shall be signed with the name of the corporation followed by the signature and
designation of the President, Secretary, or other person authorized to bind it in the matter.
7. ANTI COLLUSION CLAUSE
No officer or employee of the City of Pasco, and no other public official, or employee, who may
exercise any function or responsibilities in the review or approval of this undertaking shall have
any personal or financial interest, direct or indirect, in any contract or negotiation process thereof.
The above compliance request will be part of all City contracts for this Service.
8. PROPOSAL REJECTION OR PARTIAL ACCEPTANCE
The City reserves the right to reject any or all Proposals. The City further reserves the right to
waive technicalities, formalities, and informalities, to accept in whole or in part such Proposal
where it is deemed advisable, and to make an award to the most responsive and responsible
Proposer as deemed in the best interest of the City.
10. LAWS AND REGULATIONS
All applicable State of Washington and Federal laws, City ordinances, licenses and regulations
shall apply to the award throughout and herein incorporated by reference.
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11. SUBCONTRACTING
No portion of this Proposal may be subcontracted without the prior written approval by the City.
12. SALES PROHIBITED / CONFLICT OF INTEREST
No officer, employee, or member of City Council, shall have a financial interest in the sale to the
City of any real or personal property, equipment, material, supplies or services where such officer
or employee exercises directly or indirectly any decision-making authority concerning such sale or
any supervisory authority over the services to be rendered. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Pasco is prohibited.
13. PROPOSAL ACCEPTANCE/REJECTION: The City of Pasco reserves the right to:
reject any and all proposals and to accept other than the lowest cost proposal
waive minor defects or technicalities regarding the proposals, and
alter the scope of work and RFP documents until a contract is executed.
14. PROPRIETARY INFORMATION
Proposals will become public record under Washington State RCW 42.56. Proposers may
request parts of their proposals to remain confidential and shall indicate in the proposal and on
the appropriate proprietary or financial pages. All information included in any Proposal that is of a
proprietary nature must be clearly marked as such. The City shall be held harmless from any
claims arising from the release of proprietary information not clearly designated as such by the
proposing firm.
15. COMPETITIVENESS AND INTEGRITY
Attempts by proposers to establish informal communication channels regarding this procurement
will be viewed negatively and shall result in rejection of the offending firm’s offer.
16. DUE DILIGENCE
Due care and diligence has been used in the preparation of this information and it is believed to
be substantially correct. However the responsibility for determining the full extent to the exposure
and the verification of all information shall rest solely with the proposer. T he City is not
responsible for any errors or omissions in this RFP or for the failure, on the part of the proposer,
in determining the full extent of exposure.
VIII. TERMS AND CONDITIONS
SAMPLE AGREEMENT: A sample agreement with the full terms and conditions is provided for your
review if your firm is awarded. Do not complete nor enclose with your proposal. It is for information only.
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SAMPLE PROFESSIONAL SERVICES AGREEMENT
____________________________Project
THIS AGREEMENT is made and entered into between the City of Pasco, a Washington
Municipal Corporation, hereinafter referred to as “City”, and ____________________________,
hereinafter referred to as “Consultant.”
RECITALS
WHEREAS, the City desires to have certain services and/or tasks performed as set forth below
requiring specialized skills, training, equipment, and other supportive capabilities; and
WHEREAS, the Consultant represents that it is qualified and possesses sufficient skills,
experience, equipment, and necessary capabilities, including: technical and professional expertise, when
required, to perform the services and/or tasks as set forth in this Agreement upon which the City is
relying.
NOW, THEREFORE, in consideration of the mutual covenants, and performances contained
herein, the parties agree as follows:
1. Scope of Services. The Consultant shall perform such services and accomplish such tasks,
including the furnishing of all labor, materials, facilities and equipment necessary for full
performance thereof, as identified and designated as Consultant’s Responsibilities throughout
this Agreement, and as more particularly described in Scope of Work detailed in Exhibit A,
attached hereto and incorporated herein (the “Project”).
2. Term. This Project shall begin on __________________, _____________, 20____, and
promptly be completed within ________ (_____) calendar days, in accordance with the schedule
attached hereto as Exhibit ___.
3. Compensation and Payment.
3.1 Payment for services provided hereunder shall be made following the performance of
such services. Such payment shall be full compensation for work performed or services
rendered, and for all labor, materials, supplies, equipment, and incidentals necessary to
complete the Project.
3.2 No payment shall be made for any services rendered by the Consultant except for
services identified and set forth in this Agreement except as may be authorized by a
written supplemental agreement approved by the City.
3.3 The City shall pay the Consultant for work performed under this Agreement upon timely
submitted invoices detailing work performed and expenses for which reimbursement is
sought. The City shall approve all invoices before payment is issued. Payment shall
occur within thirty (30) days of receipt and approval of an invoice.
3.4 The City shall pay the Consultant for all work performed and expenses incurred under this
Agreement, as follows.
☐ Hourly (Single Rate): $__________ per hour plus actual expenses incurred as
provided under this Agreement, but not to exceed a total of $____________
without prior written authorization by the City; or
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☐ Hourly (Multiple Rate): Such rates as identified on Exhibit ____, plus actual
expenses incurred as provided under this Agreement, but not to exceed a total of
$_____________ without the prior written authorization by the City; or
☐ Fixed Sum: A total of $__________________; or
☐ Other: ______________________________________________________
4. Reports and Inspections.
4.1 The Consultant at such times and in such forms as the City may require, shall furnish to
the City such statements, records, studies, surveys, reports, data, and information as the
City may request pertaining to matters covered by this Agreement.
4.2 The Consultant shall, at any time during normal business hours and as often as the City or
the Washington State Auditor may reasonably deem necessary, make available for
examination all of its records and data with respect to all matters covered, dire ctly or
indirectly, by this Agreement and shall permit the City, or its designated authorized
representative to audit and inspect other data relating to all matters covered by this
Agreement. The City shall receive a copy of all audit reports made by the agency or firm
as to the Consultant’s activities. The City may, at its discretion, conduct an audit at its
expense, using its own or outside auditors, of the Consultant’s activities which relate,
directly or indirectly, to this Agreement. Consultant shall be provided a copy of such
reports.
4.3 The Consultant, during the term of this Agreement, shall obtain all permits and registration
documents necessary for the performance of its work and for the execution of services at
its own expense, and shall maintain its validity. Upon request, the Consultant shall deliver
to the City copies of these licenses, registration documents, and permits or proof of their
issuance or renewal.
4.4 Consultant shall maintain books, records and documents, which sufficiently and properly
reflect all direct and indirect costs related to the performance of this Agreement, and shall
maintain such accounting procedures and practices as may be necessary to assure
proper accounting of all funds paid pursuant to this Agreement. These records shall be
subject, at all reasonable times, to inspection, review, or audit as provided above.
4.5 The Consultant shall retain all books, records, documents or other material relevant to this
Agreement for three (3) years after its expiration. Consultant agrees that the City, or its
designee, shall have full access and right to examine any of said materials at all
reasonable times during this period.
5. Ownership and Use of Documents.
5.1 All research, tests, surveys, preliminary data, information, drawings and documents made,
collected, or prepared by the Consultant for performing the services subject to this
Agreement, as well as any final product, collectively referred to as “work product,” shall be
deemed as the exclusive property of the City, including copyright as secured thereon.
Consultant may not use them except in connection with the performance of the services
under this Agreement or with the prior written consent of the City. Any prior copyrighted
materials owned by the Consultant and utilized in the performance of the services under
this Agreement, or embedded in with the materials, products and services provided
thereunder, shall remain the property of the Consultant subject to a license granted to the
City for their continued use of the products and services provided under this Agreement.
Any work product used by the Consultant in the performance of these services which it
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deems as “confidential,” “proprietary,” or a “trade secret” shall be conspicuously
designated as such.
5.2 In the event of Consultant’s default, or in the event that this Agreement is terminated prior
to its completion, the work product of the Consultant, along with a summary of the
services performed to date of default or termination, shall become the property of the City,
and tender of the work product and summary shall be a prerequisite to final payment
under this Agreement. The summary of services provided shall be prepared at no
additional cost, if the Agreement is terminated through default by the Consultant. If the
Agreement is terminated through convenience by the City, the City agrees to pay
Consultant for the preparation of the summary of services provided.
6. Public Records.
6.1 Consultant acknowledges that the City is an agency subject to Chapter 42.56 RCW
“Public Records Act.” All preliminary drafts or notes prepared or gathered by the
Consultant, and recommendations of the Consultant are exempt prior to the acceptance
by the City or public citation by the City in connection with City action.
6.2 If the Consultant becomes a custodian of public records of the City and request for such
records is received by the City, the Consultant shall respond to the request by the City for
such records within five (5) business days by either providing the records, or by identifying
in writing the additional time necessary to provide the records with a description of the
reasons why additional time is needed. Such additional time shall not exceed twenty (20)
business days unless extraordinary good cause is shown.
6.3 In the event the City receives a public records request for protected work product of the
Consultant within its possession, the City shall, prior to the release of any protected work
product or as a result of a public records request or subpoena, provide Consultant at least
ten (10) business days prior written notice of the pending release and to reasonably
cooperate with any legal action which may be initiated by the Consultant to enjoin or
otherwise prevent such release.
7. Independent Contractor Relationship.
7.1 The parties intend that an independent contractor relationship is created by this
Agreement. The City is interested primarily in the results to be achieved; subject to the
scope of services and the specific requirements of this Agreement, the implementation of
services will lie solely with the discretion of the Consultant. No agent, employee, officer or
representative of the Consultant shall be deemed to be an employee, agent, officer, or
representative of the City for any purpose, and the employees of the Consultant are not
entitled to any of the benefits or privileges the City provides for its employees. The
Consultant will be solely and entirely responsible for its acts and for the acts of its agents,
employees, officers, subcontractors or representatives during the performance of this
Agreement.
7.2 In the performance of the services provided in this Agreement, Consultant is an
independent contractor with full authority to control and direct the performance of the
details of the work, however, the results of the work contemplated herein must meet the
approval of the City and shall be subject to the City’s general rights of inspection and
review to secure the satisfactory completion thereof.
7.3 The Consultant shall comply with all State and Federal laws including, but not limited to:
7.3.1 The definition requirements of RCW 50.04.140 (Employment Security).
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7.3.2 RCW 51.08.195 (Industrial Insurance).
7.3.3 Obtain a City of Pasco business license.
7.4 The City may, at its sole discretion, require the Consultant to remove any employee, agent
or servant from employment on this Project who, in the City’s sole discretion, may be
detrimental to the City’s interest.
8. Indemnification.
8.1 The Consultant shall defend, indemnify, and hold harmless the City, its officers, officials,
agents, employees, and volunteers from any and all claims and causes of action,
including, but not limited to, actions of law or administrative proceedings for all injuries to
persons or damages to property, and all losses, damages, demands, suits, judgments,
including attorney fees, arising out of, or as a result of, or in connection with the work
performed under this Agreement, and caused or occasioned in whole or in part by reason
of errors, negligent acts or omissions of the Consultant or its subcontractors in the
performance of this Agreement, except for injuries and damages caused by the sole
negligence of the City, its officers, employees, agents, and volunteers.
8.2 Should a Court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injuries or
damages to property caused by or resulting from the concurrent negligence of the
Consultant, and the City, its officers, employees, agents and volunteers, the Consultant’s
liability and obligation to defend hereunder shall only be the proportionate extent of the
Consultant’s negligence.
8.3 It is further agreed that the indemnification provided herein constitutes the Consultant’s
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of
this indemnification.
8.4 No liability shall attach to the City by reason of entering into this Agreement except as
expressly provided herein.
8.5 This indemnification shall include damages, penalties and attorney fees sustained as a
result of Consultant’s delayed or failed performance of Section 6 above.
8.6 This waiver has been mutually negotiated by the parties, and the provisions of this section
shall survive the expiration or termination of this Agreement.
9. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents,
representatives, employees, or subcontractors.
9.1 Minimum Scope of Insurance. Consultant shall obtain insurance of the types described
below:
9.1.1 Automobile Liability insurance covering all owned, non-owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA
00 01 or a substitute form providing equivalent liability coverage. If necessary, the
policy shall be endorsed to provide contractual liability coverage.
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9.1.2 Commercial General Liability insurance shall be written on ISO occurrence form
CG 00 01 and shall cover liability arising from premises, operations, independent
contractors and personal injury and advertising injury. The City shall be named as
an insured under the Consultant’s Commercial General Liability insurance policy
with respect to the work performed for the City.
9.1.3 Workers’ Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
9.1.4 Professional Liability insurance appropriate to the Consultant’s profession.
9.2 Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits:
9.2.1 Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident.
9.2.2 Commercial General Liability insurance shall be written with limits no less than:
☐ $1,000,000 each occurrence;
☐ $2,000,000 general aggregate; or
☒ $1,000,000 each occurrence; and $2,000,000 general aggregate
9.2.3 Professional Liability insurance shall be written with limits no less than:
☒ $1,000,000 per claim;
☐ $1,000,000 policy aggregate limit; or
☐ $________ per claim; and $________ per policy aggregate limit
9.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed to
contain, the following provisions for Automobile Liability, Professional Liability, and
Commercial General Liability insurance:
9.3.1 The Consultant’s insurance coverage shall be primary insurance as respects the
City. Any insurance, self-insurance, or insurance pool coverage maintained by the
City shall be excess of the Consultant’s insurance and shall not contribute with it.
9.3.2 The Consultant’s insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty (30) days prior written notice by
certified mail, return receipt requested, has been given to the City.
9.4 Acceptability of Insurers. Insurance is to placed with insurers with a current A.M. Best
rating of not less than A:VII.
9.5 Verification of Coverage. Consultant shall furnish the City with original certificates and a
copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the Consultant
before commencement of the work.
10. Nondiscrimination. In the performance of this Agreement, the Consultant will not discriminate
against any employee or applicant for employment on the grounds of race, creed, color, national
origin, sex, marital status, age or the presence of any sensory, mental or physical handicap;
provided that the prohibition against discrimination in employment because of handicap shall not
apply if the particular disability prevents the proper performance of the particular worker involved.
The Consultant shall ensure that applicants are employed, and that employees are treated during
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employment in the performance of this Agreement without discrimination because of their race,
creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or
physical handicap. Consultant shall take such action with respect to this Agreement as may be
required to ensure full compliance with local, State and Federal laws prohibiting discrimination in
employment.
11. Covenant Against Contingent Fees. The Consultant warrants that it has not employed nor
retained any company, firm, or person, other than a bona fide employee working exclusively for
the Consultant, to solicit or secure this Agreement; and that it has not paid or agreed to pay any
company, person or firm, other than a bona fide employee working exclusively for the Consultant,
any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement. For breach or violation of this warranty,
the City shall have the right to terminate this Agreement.
12. Assignment and Subcontracting.
12.1 The City has awarded this Agreement to the Consultant due to its unique qualifications to
perform these services. The Consultant shall not assign (or subcontract other than as
specifically identified in Exhibit A) its performance under this Agreement or any portions of
this Agreement without the prior written consent of the City, which consent must be sought
at least thirty (30) days prior to the date of any proposed assignment.
12.2 Any work or services assigned or subcontracted hereunder shall be subject to each
provision of this Agreement including Section 6, Public Records; Section 10,
Nondiscrimination; proper bidding procedures where applicable; and all local, State and
Federal statutes, ordinances and guidelines.
12.3 Any technical or professional service subcontract not listed in this Agreement, must have
prior written approval by the City.
13. Termination.
13.1 Termination for Convenience. Either party may terminate this Agreement for any reason
upon giving the other party no less than ten (10) business days written notice in advance
of the effective date of such termination.
13.2 Termination for Cause. If the Consultant fails to perform in the manner called for in this
Agreement, or if the Consultant fails to comply with any other provisions of this Agreement
and fails to correct such noncompliance within five (5) business days of written notice
thereof, the City may terminate this Agreement for cause. Termination shall be effected
by serving a notice of termination on the Consultant setting forth the manner in which the
Consultant is in default. The Consultant will only be paid for services and expenses
complying with the terms of this Agreement, incurred prior to termination.
14. General Provisions.
14.1 For the purpose of this Agreement, time is of the essence.
14.2 Notice. Notice provided for in this Agreement shall be sent by:
14.2.1 Personal service upon the Project Administrators.
14.2.2 Certified mail to the physical address of the parties, or by electronic transmission
to the e-mail addresses designated for the parties below.
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14.3 The Project Administrator for the purpose of this Agreement shall be:
14.3.1 For the City: _______________, or his/her designee
525 North 3rd
Pasco WA 99301
(e-mail address)
14.3.2 For the Consultant: _______________, or his/her designee
(e-mail address)
15. Dispute Resolution.
15.1 This Agreement has been and shall be construed as having been made and entered into
and delivered within the State of Washington, and it is agreed by each party hereto that
this Agreement shall be governed by the laws of the State of Washington.
15.2 In the event of a dispute regarding the enforcement, breach, default, or interpretation of
this Agreement, the Project Administrators, or their designees, shall first meet in a good
faith effort to resolve such dispute. In the event the dispute cannot be resolved by
agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW
7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo,
with venue placed in Pasco, Franklin County, Washington. The substantially prevailing
party shall be entitled to its reasonable attorney fees and costs as additional award and
judgment against the other.
16. Nonwaiver. Waiver by the City of any provision of this Agreement or any time limitation provided
for in this Agreement, shall not constitute a waiver of any other similar event or other provision of
this Agreement.
17. Integration. This Agreement between the parties consist in its entirety of this document and any
exhibits, schedules or attachments verified by initials as a part of Exhibit A. Any modification of
this Agreement or change order affecting this Agreement shall be in writing and signed by both
parties.
18. Authorization. By signature below, each party warrants that they are authorized and
empowered to execute this Agreement binding the City and the Consultant respectively.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and
year first written above.
CITY OF PASCO, WASHINGTON CONSULTANT
________________________________ ________________________________
Dave Zabell, City Manager
ATTEST:
______________________________________
Daniela Erickson, City Clerk
APPROVED AS TO FORM:
_______________________________________
Leland B. Kerr, City Attorney
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AGENDA REPORT
FOR: City Council January 26, 2018
TO: Dave Zabell, City Manager Workshop Meeting: 2/12/18
FROM: Stan Strebel, Deputy City Manager
Executive
SUBJECT: Council Communications and Phones
I. REFERENCE(S):
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion - provide direction to staff
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A number of members of the Council have inquired about issues regarding personal
phone use for City business. While this question has been ever-changing with
technology over the last several years, the City Council has not previously discussed, at
any length, the use of personal phones/cell phones nor adopted any policies or
procedures related thereto.
Before the advent of cell phones, there were few, if any, records associated with
personal phone calls. Hence, public records issues seldom arose. With phone logs,
email and text capabilities, not to mention internet use, modern cell phones present far
greater challenges for managing public records.
The Council's decision several years ago to retain iPads for business use was made, in
part, to better control the creation and retention of Council business communications
and records. The City is able to keep all Council emails in accordance with records
retention schedules with the devices.
Council may want to consider if it believes that a similar approach should be taken
regarding phones for City business.
Staff offers the following observations:
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1. There are a number of approaches that could be considered, recognizing that
some may prefer to use only one phone, some may use multiple phones or land
lines. Staff suggests that, if Council can agree, a uniform approach makes the
most sense from a records management standpoint.
2. Approaches could range from "do nothing", to issuance of "no data" phones or
a phone allowance, to the adoption of a smartphone, standard issue. If the latter
choice is of interest to Council, staff presents the following estimates:
• Cost per month/phone = $75 x 12 = $900 x 7 = $6,300 +/- per year for all
Councilmembers
[Estimate is for an iPhone, to be compatible with existing devices, monthly
phone cost (400 minutes, unlimited data) with tax = $64 +/-. Add phone
management software (City central management for apps, email, security,
updates and record management.)-$3/month and text archiving- $7/month. Staff
suggests disabiling I-messaging capability as records cannot be captured;
disabling of texting capability would save +/- $330/year, plus staff costs
(unknown) for records management of text records.]
It is possible that some Councilmembers' existing phone numbers could be ported to
new phones, if desired. Staff estimates no significant outlay for acquisition of devices.
V. DISCUSSION:
Council discussion and direction in this matter will be appreciated.
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AGENDA REPORT
FOR: City Council February 2, 2018
TO: Dave Zabell, City Manager Workshop Meeting: 2/12/18
FROM: Stan Strebel, Deputy City Manager
Executive
SUBJECT: Councilmember Use of Social Media
I. REFERENCE(S):
City of Monroe - Elected Officials Social Media Policy
City of Pasco - Administrative Order No. 209 "Personal Social Media Use"
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion - Provide Direction to Staff
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
Some members of the Council have asked regarding the use of various social media in
their personal or official capacities. While the benefits and opportunities provided by
various media platforms are unquestioned, there are a number of special considerations
that local governments and government officials must address in the use of social
media.
The primary issues might be outlined as follows:
1. Open Public Meetings - Official Business
2. Public Records Creation and Retention
3. Ethics
4. Appearance of Fairness
5. Content
6. Equal Access
Rather than discussing each of these in this report, Council is encouraged to review the
attached Social Media Policy from the City of Monroe, which covers each of these
areas; addressing concerns and citing legal standards, as applicable, and providing
specific policy. A review of this document should assist Council in discussing and
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arriving at a conclusion and direction regarding social media use.
By way of providing further information, Council has been provided a copy of the
City's Administrative Order which addresses City web and social media use. While
Council's activities are not covered by the policy, it would seem beneficial if a uniform
approach could be utilized.
V. DISCUSSION:
Staff looks forward to Council's discussion and direction.
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CITY OF MONROE ADMINISTRATION POLICIES
POLICY SUBJECT:ELECTED OFFICIALS SOCIAL MEDIA POLICY
REFERENCE NUMBER:2015-01
EFFECTIVE DATE:May 5,2015
APPROVED:
Mayor City Administrator
SUBMITTED TO COUNCIL:
N/A Yes Resolution #Date:May 5,2015
RECEIVED:
Police Human Resources
City Clerk Parks and Recreation
Finance Public Works
Community Development City Attorney
Parks and Recreation
Social Media Policy Page 1 of 8 AB15-084
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PURPOSE
The purpose of this policy is to establish a formal process and standards for the use of
social media by Elected Officials (Mayor and Councilmembers)in their official capacity.
The purpose of social media sites/tools that are owned or maintained by the City of
Monroe for Elected Officials is to provide a limited forum for Elected Of?cials to
communicate with their constituents and members of the public regarding subjects that
are directly related to the City of Monroe and the Monroe community.
REFERENCES
-RCW 42.17A.555 Use of public office or agency facilities in campaigns -
Prohibition -Exceptions
MMC Chapter 2.52 Code of Ethics
Monroe City Council Rules of Procedure
-Ch.42.23 RCW Code of Ethics for Municipal Officers —Contracts interests
-Ch.42.30 RCW Open Public Meetings Act
-Ch.42.36 RCW Appearance of Fairness Doctrine -Limitations
-Ch.42.56 RCW Public Records Act
DECLARATION OF POLICY
This policy outlines the roles,responsibilities,and best practice recommendations for
the use of social media by Elected Officials in their of?cial capacity.The City's Elected
Officials are committed to open and progressive communications between themselves
and their constituents utilizing available and future online technologies within the limits
of the law.
This policy applies to any social media site or tool used by Elected Officials in their
official capacity to communicate with constituents or the general public.
Where indicated,certain provisions of this policy shall apply only to social media
sites/tools that are owned or maintained by the City of Monroe,including sites/tools that
are established by the City for Elected Officials.It is primarily each Elected Officia|'s
responsibility to ensure compliance with this policy.
IT IS THE ClTY’S PREFERENCE AND INTENT THAT ELECTED OFFICIALS WILL
NOT UTILIZE SOCIAL MEDIA TO COMMUNICATE IN THEIR OFFICIAL CAPACITY
EXCEPT THROUGH SOCIAL MEDIA SITES/TOOLS THAT ARE OWNED OR
MAINTAINED BY THE CITY OF MONROE.THE USE OF PRIVATE SOCIAL MEDIA
SITES/TOOLS FOR THIS PURPOSE IS STRONGLY DISCOURAGED.
Social Media Policy Page 2 of 8 AB15—084
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DEFINITIONS
“Chat"is a feature that allows instant messages to be sent.
"Comment”is a response to a post,an article or other social media content submitted
by a visitor.
“Elected Officials"includes Mayor,Councilmembers,and any staff working on an
Elected Officials behalf to represent him or her,using a social media tool.
“Like“is a feature that allows users to show their support for a specific comments,
pictures,wall posts,statuses,or fan pages.The “Like”button allows users to show their
appreciation for content without having to make a written comment.
“Post”is an original entry onto a social media site by the user of the site.
“Sharing"is to relay a previously created post onto a different social media site.
“Social Media”are third-party hosted online technologies that facilitate social
interactions and dialogue.These online technologies are operated by non-city hosted
services and may be used by the Elected Officials to communicate with the public.
Such third party hosted services/tools may include,but are not limited to:social
networking sites (MySpace,Facebook Linked-In),micro-blogging tools (Twitter,RSS
feeds),audiovisual networking sites (YouTube,Flickr),and blogs,etc.
“Tagging”is a mechanism of linking a person,page or place to a post.
“Visitor”is a person who views an Elected Officia|’s social media site.
GENERAL POLICY
While social media,with its use of popular abbreviations and shorthand,does not
adhere to standard conventions of correspondence,the content and tenor of online
conversations,discussions,and information posts and comments should model the
same professional behavior displayed during Council meetings and community
meetings.
Social media are not to be used by Elected Officials as mechanisms for conducting
official city business other than to informally communicate with the public.Examples of
business that may not be conducted through social media include:making policy
decisions,official public noticing,and discussing confidential City matters that have not
been approved for release to the public.Elected Officials’social media site(s)should
contain links directing users back to the City’s of?cial website for in-depth information,
forms,documents,or online services necessary to conduct official city business.
Social Media Policy Page 3 of 8 AB15-084
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The City's Human Resources Director,following consultation with the City
Administrator,may cause categories of official City of Monroe social media applications,
tools,or sites to be permanently or temporarily discontinued if they are not or cannot be
used in compliance with this policy.The Human Resources Director shall exercise such
discretion in a viewpoint—neutra|,evenhanded,and non-arbitrary manner.
ADMINISTRATION,ENFORCEMENT AND DISPUTE RESOLUTION
The City’s Human Resources Director shall have primary responsibility to administer
and enforce the provisions of this policy with respect to social media sites/tools that are
owned or maintained by the City of Monroe.
Any Elected Official aggrieved by an administrative decision or enforcement action of
the Human Resources Director under this policy may appeal such decision or action to
the City Hearing Examiner by ?ling a written statement with the City Clerk within five (5)
business days of the decision or action.The written statement shall set forth all relevant
facts and any supporting legal argument.The Human Resources Director may
thereafter file with the City Clerk a written response within ?ve (5)business days.The
appealing elected official shall thereafter have two (2)business days in which to file a
written reply with the City Clerk.The Hearing Examiner shall consider all such
submittals without a hearing and shall issue a written decision denying or sustaining the
appeal with in ten (10)business days following the reply.There shall be no further right
of administrative appeal.
ETHICS AND ELECTIONS RULES OF COMPLIANCE
All content posted on individual Elected Of?cials’social media sites shall comply with
applicable Council Rules of Procedures,City ordinances and administrative rules,and
Washington State law regulating public agencies and elected officials.
For social media sites/tools that are owned or maintained by the City of Monroe,no
content that promotes or advertises commercial services,entities,or products may be
posted.
Elected Officials will not post or release proprietary,confidential,or sensitive information
on social media sites in a manner that violates applicable state law,including,without
limitation,RCW 42.23.070 —Prohibited Acts.
Social media sites/tools that are owned or maintained by the City of Monroe shall not
contain posts,comments,or links to any content that supports or opposes political
candidates or ballot propositions,including,without limitation,links to an Elected
Officia|'s campaign site.
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RECORDS RETENTION ACT COMPLIANCE
State and local records retention laws and schedules apply to social media content.All
social media content that is required to be retained shall be maintained for the legally
required retention period based on the subject matter of the content.Prior approval of
the retention format and procedures for each social media tool being used must be
received from the City Administrator upon the advice and recommendations of the
Public Records Officer,City Clerk,and Human Resources Director.Except for social
media sites/tools that are owned or maintained by the City of Monroe,which will be
retained through the City’s archiving system,it is the ultimate responsibility of each
Elected Of?cial to maintain current,approved retention procedures and to ensure that
those procedures are followed.
As with any correspondence sent in his or her capacity as an Elected Of?cial,Elected
Official postings to social media sites maintained by others must be retained by the
posting Elected Official to the extent that such content constitutes a “public record"as
defined by Chapter 42.56 RCW.Printouts of postings to others‘sites may suffice for
retention purposes.
Elected Officials should consult with the City Administrator for the applicable retention
schedule and method.
PUBLIC RECORDS ACT COMPLIANCE
Content maintained in a social media format,i.e.,Facebook,YouTube,Twitter,etc.,that
is related to City business,including communication between an individual Elected
Official and constituents or the general public,and a site's listing of "friends"or
"followers,"may be considered a public record subject to disclosure under the state
Public Records Act.
Any social media tools used should clearly state that all content submitted by members
of the public is potentially subject to public disclosure pursuant to the Public Records
Act,RCW 42.56.If it is not possible to display this notice prominently on the site,
Elected Officials should notify users by including a link from the site to the Public
Records Act notice set out in Exhibit B,notify new users via response to posts,and/or
periodically notify existing users via broadcast message.
Under the state Public Records Act,the City is potentially responsible for responding
accurately and completely to any public records request,including a request for public
records on social media maintained by individual Elected Officials.Therefore,it is
mandatory that records have been retained for the legally required retention period in
accordance with applicable standards.
Users of,and visitors to,social media sites shall be noti?ed that public disclosure
requests must be directed to the appropriate City Public Records Officer pursuant to the
City's Public Records Disclosure Policy.
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OPEN PUBLIC MEETINGS ACT AND APPEARANCE OF FAIRNESS DOCTRINE
COMPLIANCE
Communication between Councilmembers via social media,as with telephone and
email,may potentially constitute a "meeting"under the Open Public Meetings Act,
Chapter 42.30 RCW.For this reason,Councilmembers are prohibited from participating
in social media discussions/threads regarding City business that involve a quorum of
Council Members,and are strongly discouraged from "friending"other Councilmembers
or “liking”other Councilmembers posts.
In addition,receiving or making posts or comments regarding quasi-judicial matters via
social media may violate Council Policy and Chapter 42.36 RCW —the Appearance of
Fairness Doctrine.To avoid receiving any comments on pending quasi-judicial matters
that may violate the Appearance of Fairness Doctrine,Councilmembers are strongly
encouraged to maintain social media sites with settings that can restrict users’ability to
post content.
CONTENT GUIDELINES
For social media sites/tools that are owned or maintained by the City of Monroe,users
and visitors of social media sites who submit comments should be clearly noti?ed that
the intended purpose of the site is to serve as a mechanism for informal communication
between Elected Of?cials and the public regarding the City-related topics discussed.If
the public is allowed to post comments to an Elected Officia|’s site,the Use Policy set
out in Exhibit A must be displayed or made available by hyperlink.Any content removed
in compliance with the Use Policy must be retained,including the time,date,and
identity of the poster when available,to the extent required by law.See above Records
Retention Act Compliance.
Elected Officials are strongly encouraged to maintain social media sites with settings
that can restrict users’ability to comment.
EQUAL ACCESS
Elected Of?cials are discouraged,in their official capacity,from posting or commenting
on social media sites that require membership or subscription.When posting
information or soliciting feedback on such a site,Elected Officials should always provide
an alternate source for the same information or mechanism for feedback on the City's
public web site,so that those who are not members of the social media site may have
equal access.
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APPENDIX
GENERAL APPROACH
Use archiving tools approved by the City's Information Technology Department.
Maintain current documentation of the approved method and schedule for preserving
social media content.
Ideally,this process will store data in searchable electronic formats and will store
information about transmissions,subscribers,and other metadata associated with the
site.
Maintain original appearance and layout of social media site where possible.
Secure usernames and passwords for all sites by not sharing such information and
using unique passwords to minimize the potential for cross site hacks and malicious
mischief.
Consistently monitor activity and posts.Avoid stale or outdated information,respond to
questions or responses,quickly remove inappropriate or spam content.
Notify site visitors that correspondence posted to an Elected Officia|'s social media site
may be considered public records and may be released per Chapter 42.56 RCW.
Notify visitors that individual Elected Official social media sites are not intended to be
used to conduct official city business and any public records request must be made with
the City's Public Records Of?cer.
Special Notes about text messaging and cellular phone devices:
Regardless of whether the device used is paid or reimbursed by public funds,business
conducted in the official capacity as an Elected Official is a public record.Care should
be taken to ensure that records created are retained per the applicable retention period
and can be provided if requested.Know your device's capabilities and devise a strategy
for archiving texts,call logs,and other communications.
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EXHIBITS
EXHIBIT A
The following content will be removed from this site:(1)comments not related to the
specified topics for discussion;(2)posts or comments in support of or opposition to
political campaigns or ballot measures;(3)profane or obscene language;(4)posts or
comments espousing or conveying racially,ethnically,religiously,gender-oriented,
discriminatory comments;(5)solicitations andlor transactions of commerce;(6)sexual
content or links to sexual content;(7)encouragement,promotion or undertaking of
illegal activity;(8)information that may tend to compromise the safety or security of the
public or any City equipment,property or system;[AND-](9)content that violates a legal
ownership interest of any party;and (10)posts or comments that would constitute ex
parte communications in violation of the Appearance of Fairness Doctrine.
EXHIBIT B
Posts,comments,or other content posted to this site,may be considered public records
subject to public disclosure under the Washington State Public Records Act
(RCW 42.56).
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CITY OF PASCO
ADMINISTRATIVE ORDERS
Administrative Order No. 209
Personnel Policies & Procedures
Subject: Personal Social Media Use Initial Effective Date:
May 10, 2017
Revised
Approved
I. PURPOSE:
The purpose of this policy is to establish guidelines for employees on their off-duty
personal use of social media. City employees are cautioned that their speech either on or
off duty, and in the course of their official duties that has a nexus to the employee’s
professional duties and responsibilities, may not necessarily be protected speech under
the First Amendment of the United States Constitution.
Social Media is defined here as the use of third-party hosted online technologies that
facilitate social interaction and dialogue. Social Media includes social networking sites
like Facebook, micro-blogging tools such as Twitter, and audio-visual networking sites
such as YouTube and Instagram.
II. DEPARTMENTS AFFECTED:
All
III. REFERENCES:
A. First Amendment of the United States Constitution
B. Revised Code of Washington (RCW) Chapter 42.56 “Public Records Act”
C. RCW 63.60 “Personality Rights”
D. City of Pasco Administrative Order (AO) 206 “Professional Behavior”
IV. POLICY:
A. Employees are free to express themselves as private citizens on social media sites to
the degree that their speech does not impair or impede the performance of their
duties, damages the City’s relations in the community, impair discipline and harmony
among coworkers, or is untrue, presents the City in a false light or divulges
confidential information or plans about the City or their department. Employees may
want to consider how/if they reference their employment on social media; however,
even omitting such references may not insulate their social media activity from being
associated with the City.
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Administrative Order No. 209 – Personal Social Media Use
Page 2
B. Regardless of any privacy settings on various social media platforms, social media is
not private. Information becomes public the moment it is published on the Internet.
Employees should assume that co-workers, members of the City’s management,
elected officials, and the public will see anything and everything posted online, and
act accordingly.
C. Posting information that is City related may be considered a public record under the
Public Records Act; if requested, this information (and other personal information
related to the request) may be required from the employee’s social media sites.
D. Employees shall not post, transmit, or otherwise disseminate any information to
which they have access as a result of their employment or assignment without written
permission from their Department Head or designee.
E. Employees may not:
i. Divulge information gained by reason of their position or authority; make any
statements, speeches, appearances, endorsements or publish materials that could
reasonably be considered to represent the views or positions of the City or their
department without express authorization from the Department Head.
ii. Use social media in a manner that discloses the City’s confidential or other
sensitive information.
F. All employees should be aware that they may be subject to litigation for publishing or
posting false information that harms the reputation of another person, group, or
organization, otherwise known as defamation to include:
i. Publishing or posting private facts and personal information about someone
without their permission that has not been previously revealed to the public, is not
of legitimate public concern, and would be offensive to a reasonable person;
ii. Using someone else’s name, likeness, or other personal attributes without that
person’s permission for purposes of advertising products, merchandise, goods, or
services, or for purposes of fund-raising or solicitation of donations (per RCW
63.60); or
iii. Publishing the creative work of another, trademarks, or certain confidential
business information without the permission of the owner.
G. Employees should be aware that privacy settings and social media sites are constantly
in flux, and they should never assume that personal information posted on such sites
is protected.
H. Employees should expect that any information created, transmitted, downloaded,
exchanged, or discussed in a public online forum may be accessed by the City or the
public at any time without prior notice.
V. POLICY ENFORCEMENT:
A. Violations of this policy will be considered the same as a violation of “Professional
Behavior,” AO 206, and the disciplinary action process, up to and including
termination, is contained therein.
Approved:
May 9, 2017
Dave Zabell, City Manager Date
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