Loading...
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.) PMC Title 3 4/17/2017 62 Page 21 of 58 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 Page 22 of 58 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. PMCTitle 14 5/16/2016 12 Page 24 of 58 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 Page 25 of 58 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 Page 26 of 58 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.) PMC Title 14 5/16/2016 15 Page 27 of 58 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: Page 32 of 58 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 Page 35 of 58 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. Page 36 of 58 8 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. Page 37 of 58 9 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 Page 38 of 58 10 ☐ 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 Page 39 of 58 11 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). Page 40 of 58 12 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. Page 41 of 58 13 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 Page 42 of 58 14 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. Page 43 of 58 15 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 Page 44 of 58 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: Page 45 of 58 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. Page 46 of 58 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 Page 47 of 58 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. Page 48 of 58 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 Page 49 of 58 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 Page 50 of 58 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 Page 51 of 58 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. Social Media Policy Page 4 of 8 AB15-084 Page 52 of 58 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. Social Media Policy Page 5 of 8 AB15-084 Page 53 of 58 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. Social Media Policy Page 6 of 8 AB15—084 Page 54 of 58 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. Social Media Policy Page 7 of 8 AB15-084 Page 55 of 58 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). Social Media Policy Page 8 of 8 AB15-O84 Page 56 of 58 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. Page 57 of 58 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 Page 58 of 58